Can a conditional sentence continue to run notwithstanding a breach of section 742.6(a) of the Criminal Code?
British Columbia, Canada
The following excerpt is from R. v. Sexsmith, 1998 CanLII 68 (BC SC):
In Regina v. Simpson, the breach was the commission of another offence. Stansfield P.C.J. considered that s. 742.7 suspended running of a conditional sentence only during the period the offender is sentenced for another offence. Stansfield P.C.J. read s. 742.6(a) and 742.7 together and concluded that as there was no provision for the suspending of the running of the conditional sentence following a breach that the conditional sentence continued run notwithstanding the breach.
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