Can evidence of potential but untried criminal charges be considered in sentencing decisions?
Canada (Federal), Canada
The following excerpt is from R. v. Lacasse, [2015] 3 SCR 1089, 2015 SCC 64 (CanLII):
In Lees v. The Queen, 1979 CanLII 43 (SCC), [1979] 2 S.C.R. 749, McIntyre J. found that evidence of potential but untried charges was admissible on the issue of “the appellant’s character, conduct, and attitude, all proper factors to be taken into consideration on sentencing” (p. 754). In the instant case, the respondent pleaded guilty to two counts of failure to comply with a recognizance. If made earlier, those guilty pleas would certainly have been included in the presentence report in accordance with s. 721(3)(b) of the Criminal Code.
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