INTRODUCTION AND BRIEF DESCRIPTION
A court can order a person who commits escape while being imprisoned to serve their term in a penitentiary, even if the time left is less than two years.
SECTION WORDING
149(1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.
EXPLANATION
Section 149(1) of the Criminal Code of Canada is a provision that allows for the sentencing of an individual who has escaped from imprisonment. This section is distinct from other provisions related to sentencing in that it allows a court to order the individual to serve their remaining sentence in a federal penitentiary, regardless of the length of their sentence. This provision is significant in that it reflects the serious nature of escaping from custody and the need to maintain the integrity of the justice system. A sentence is imposed to reflect the severity of an offense and the need to protect society from the individual who committed the crime. When a person escapes from custody, they are violating the terms of their sentence and are demonstrating a lack of respect for the judgment of the court and the rule of law. Section 149(1) recognizes the unique nature of escape offenses and provides for a more severe punishment for those who commit them. This provision ensures that individuals who attempt to evade punishment for their crimes by escaping from custody will still be held accountable for their actions. It reinforces the importance of respecting the justice system and the sentences it imposes. Overall, Section 149(1) is an essential provision in the Criminal Code of Canada that supports the maintenance of the rule of law and the protection of society.
COMMENTARY
Section 149(1) of the Criminal Code of Canada allows a court to order that a person who escapes from imprisonment serve their sentence in a penitentiary, even if their sentence is less than two years. This provision is significant because it acts as a deterrent for those who may be inclined to escape from custody and it ensures that those who do escape serve their sentences in a more secure environment. The provision not only serves as a deterrent to potential escapees, but it also sends a message to society that escape from custody will not be tolerated. It emphasizes that the consequences of such an action will include an added penalty of being transferred to a penitentiary with more restrictive conditions. This added penalty is significant because it reinforces the importance of obeying the law and accepting the repercussions of one's actions. Additionally, this provision ensures that those who escape from custody are not simply returned to the same facility they were previously in. Rather, they are transferred to a more secure environment where the likelihood of escape is minimized. This protects both the escapee and the public, as it reduces the possibility of the escapee posing a danger to themselves or others. The provision also ensures that there is a consistent approach to sentencing for those who escape from custody. The seriousness of escaping from custody is such that it warrants a harsher penalty than the underlying crime itself. This provision ensures that all escapees, regardless of the length of their original sentence, receive an appropriate consequence for their actions. Furthermore, section 149(1) of the Criminal Code of Canada reinforces the importance of the rule of law in society. It emphasizes the idea that everyone, regardless of their status or situation, must be held accountable for their actions. It reinforces the importance of taking responsibility for one's actions and accepting the consequences of breaking the law. In conclusion, section 149(1) of the Criminal Code of Canada is an important provision that ensures that those who escape from custody face appropriate consequences for their actions. It serves as a deterrent, protects the public and the escapee, maintains consistency in sentencing, and reinforces the importance of the rule of law. It is an important tool in maintaining a fair and just criminal justice system.
STRATEGY
Section 149(1) of the Criminal Code of Canada applies when a person is convicted of an escape committed while undergoing imprisonment. This provision empowers the court to order that the remaining term of imprisonment be served in a penitentiary, even if the sentence is less than two years. This section has significant implications for both the offender and the justice system. Dealing with this provision requires consideration of several strategic issues. One of the strategic considerations when dealing with this section is the impact of the penitentiary sentence on the offender. A penitentiary sentence is significantly more severe than a provincial jail sentence. Consequently, an offender who receives a penitentiary sentence is likely to face greater confinement, restrictions, and limits on liberty. Additionally, the offender will be housed with more serious offenders in prison, which may expose them to violence and other risks. Therefore, it is critical to assess the impact of this sentence on the offender's well-being, including their mental and physical health. Another critical strategic consideration is the impact of this provision on the justice system. Depending on the court's ruling, the offender may be transferred to a federal correctional facility, placing an additional burden on the correctional system. The transfer may also impact the offender's rehabilitation and reintegration into society, which could lead to a higher risk of recidivism. Therefore, courts must consider the broader implications of their decisions when applying section 149(1). Strategies that could be employed when dealing with this provision include diversion, plea bargaining, and sentencing alternatives. Diversion programs aim to avoid court proceedings or criminal charges by redirecting offenders to community-based alternatives. Since this provision only applies to convicted offenders, diversion programs can be used as a preventative measure to avoid the need for a penitentiary sentence. Plea bargaining is another strategy that could be employed, where the accused can negotiate a different charge or sentence in exchange for a guilty plea. Moreover, a creative sentence that addresses the specific circumstances of the crime and the offender could also be considered. Various alternatives to custody, such as house arrest, supervision orders, or community service orders, could be imposed by the court instead of ordering penitentiary time. In conclusion, section 149(1) of the Criminal Code of Canada gives courts the power to order that the remaining term of imprisonment for escape be served in a penitentiary, even if the time to be served is less than two years. Strategic considerations, such as the impact on the offender's well-being, the burden on the justice system, and the broader implications of the decision, should be considered when dealing with this provision. Depending on the circumstances of the case, strategies such as diversion, plea bargaining, and sentencing alternatives could be employed. Given the serious consequences of an order under this section, it is essential that such matters are carefully considered and dealt with by competent legal professionals.