Concurrent Sentence
A concurrent sentence is a sentence of imprisonment that is served at the same time as another sentence — they run together, not back to back. Where a court imposes multiple sentences, the default position is that they run concurrently unless the court directs otherwise. The result: the longest of the concurrent sentences determines the time actually served, while the shorter ones run inside it.
Concurrent vs. consecutive sentencing arguments are a major battleground in multi-count cases. Mass Tsang's lawyers handle sentencing strategy at this level with the same care as trial. For more on sentencing, see our blog post on sentencing in Canadian criminal law.
Concurrent vs. consecutive
The opposite of concurrent is consecutive — sentences that are served back to back, one after the other. The combined time is the sum of the individual sentences. Whether sentences run concurrently or consecutively is one of the most important sentencing decisions in any multi-count case. Section 718.3 of the Criminal Code authorizes the court to direct consecutive sentences where appropriate.
When sentences run concurrently
Concurrent sentences are typical where the offences arise from a single course of conduct, target the same victim, or are closely related in time and place. A break and enter combined with the theft committed inside, for example, will normally attract concurrent sentences. A series of frauds against the same victim in a single scheme will often run concurrently.
When sentences run consecutively
Consecutive sentences are common — and sometimes mandatory — where offences involve separate victims, separate transactions, or fundamentally different criminal conduct. Many firearm offences carry mandatory consecutive sentences. Breaches of bail or probation committed during a criminal event will often run consecutively to the principal offence. Offences against multiple victims often draw consecutive sentences for each victim, subject to the totality principle.
Totality
Even where sentences are imposed consecutively, the court applies the totality principle: the combined sentence must not be unduly long or harsh having regard to the overall gravity of the offending and the offender's circumstances. Totality can require reductions in individual sentences to keep the total proportionate.
Related glossary terms
