Consecutive Sentence
A consecutive sentence is a sentence of imprisonment that begins only after another sentence has been served. Where multiple consecutive sentences are imposed, the total time served is the sum of the individual sentences. The court must direct that sentences run consecutively; the default position under Canadian law, where there is silence, is concurrent.
Mass Tsang's criminal lawyers treat consecutive-vs-concurrent submissions as a central element of multi-count sentencing strategy. For more, see our blog post on sentencing in Canadian criminal law.
Authority for consecutive sentences
Section 718.3 of the Criminal Code authorizes the court to direct consecutive sentences. Some offences carry mandatory consecutive sentences by statute. Examples include certain firearm offences (consecutive to other firearm sentences), child pornography offences, and some terrorism offences. For most offences, consecutive sentencing is discretionary.
When consecutive sentences are typical
Courts commonly impose consecutive sentences where: offences involve separate victims and were not part of a single transaction; offences were committed against separate occasions, particularly with a gap in time; the offences are fundamentally different in nature (a fraud and an unrelated assault, for example); the breach or escape offences were committed during or in relation to the principal offences; and the totality of the conduct demands a longer combined sentence to reflect the gravity.
Totality principle
Section 718.2(c) embodies the totality principle: where consecutive sentences are imposed, the combined sentence must not be unduly long or harsh. Courts often reduce individual sentences to keep the total proportionate to the overall offending. The principle prevents accumulation of sentences into disproportionate totals where the offender is being sentenced for a long series of related conduct.
Strategic implications
In multi-count files, whether sentences run concurrently or consecutively is often more important than the individual sentence on any single count. A successful argument for concurrent sentencing on a series of related counts can collapse a potentially decade-long total into a few years. Conversely, a Crown argument for consecutive treatment can dramatically lengthen the sentence.
Related glossary terms
