What is the current state of the law on conditional sentencing?

British Columbia, Canada


The following excerpt is from R. v. Schreiner, 1999 CanLII 5652 (BC SC):

I am of the view, in light of the law enunciated by Lambert J.A. in The Queen v. Scott, Court of Appeal docket number CA022211, Vancouver, that, as Lambert J.A. held: The conditional sentencing provisions apply to all crimes except an offence punishable by a minimum term of imprisonment where the court imposes a sentence of imprisonment less than two years and is satisfied that the serving of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2.

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