Conditional Sentence of Imprisonment – When Is It NOT Available?

A conditional sentence of imprisonment is a type of sentence in Canadian criminal law that is considered jail time that is served within a community.  It usually takes the form of a combination of house arrest and a curfew.

There are several exclusionary rules regarding when a conditional sentence is not available in a particular case.  The following are a summary of these:

a) The sentence imposed is two years of jail or longer;

b) Serving the sentence in the community would endanger the comunity;

c) Imposing the sentence would be inconsistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2 of the Criminal Code;

d) The offence involves a minimum jail term;

e)  The offence is prosecuted by indictment AND has a maximum jail sentence of at least 14 years custody;

f)  The offence is a terrorism offence or a criminal organization offence that, prosecuted by indictment, carries a sentence of at least 10 years custody;

g) The offence is one of the following particular charges:

(i) section 144 (prison breach),

(ii) section 264 (criminal harassment),

(iii) section 271 (sexual assault),

(iv) section 279 (kidnapping),

(v) section 279.02 (trafficking in persons — material benefit),

(vi) section 281 (abduction of person under fourteen),

(vii) section 333.1 (motor vehicle theft),

(viii) paragraph 334(a) (theft over $5000),

(ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house),

(x) section 349 (being unlawfully in a dwelling-house), and

(xi) section 435 (arson for fraudulent purpose).