My question has to do with sentencing in a case of multiple criminal charges. Who decides whether sentences are to be served consecutively or concurrently?
You have asked about the imposition of consecutive and concurrent sentences. Consecutive sentences may be imposed in certain circumstances outlined in the Criminal Code, section 718.3(4). Generally the judge decides on whether a sentence will be consecutive or concurrent, though there are some situations where consecutive sentencing is mandatory. That decision is made based the application of the principle of totality; that the total of the sentences imposed must not exceed the overall culpability of the offender. Further information on sentencing may be found on the BC Courts website at: www.courts.gov.bc.ca/legal_compendium/ in the section on sentencing. There will also be some sample Qs & As on the Provincial Court website shortly.
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