Criminal Code

Version of section 759 from 2003-01-01 to 2008-07-01:

Marginal note:Appeal — dangerous offender
  •  (1) An offender who is found to be a dangerous offender under this Part may appeal to the court of appeal against that finding on any ground of law or fact or mixed law and fact.

  • Marginal note:Appeal — long-term offender

    (1.1) An offender who is found to be a long-term offender under this Part may appeal to the court of appeal against that finding or against the length of the period of long-term supervision ordered, on any ground of law or fact or mixed law and fact.

  • Marginal note:Appeal by Attorney General

    (2) The Attorney General may appeal to the court of appeal against the dismissal of an application for an order under this Part, or against the length of the period of long-term supervision of a long-term offender, on any ground of law.

  • Marginal note:Disposition of appeal — dangerous offender

    (3) On an appeal against a finding that an offender is a dangerous offender, the court of appeal may

    • (a) allow the appeal and

      • (i) find that the offender is not a dangerous offender, find that the offender is a long-term offender, impose a minimum sentence of imprisonment for two years, for the offence for which the offender has been convicted, and order the offender to be supervised in the community, for a period that does not, subject to subsection 753.1(5), exceed ten years, in accordance with section 753.2 and the Corrections and Conditional Release Act,

      • (ii) find that the offender is not a dangerous offender and impose sentence for the offence for which the offender has been convicted, or

      • (iii) order a new hearing; or

    • (b) dismiss the appeal.

  • Marginal note:Disposition of appeal — long-term offender

    (3.1) On an appeal against a finding that an offender is a long-term offender, the court of appeal may

    • (a) allow the appeal and

      • (i) find that the offender is not a long-term offender and quash the order for long-term supervision, or

      • (ii) order a new hearing; or

    • (b) dismiss the appeal.

  • Marginal note:Disposition of appeal — long-term offender

    (3.2) On an appeal by a long-term offender against the length of a period of long-term supervision of the long-term offender, the court of appeal may

    • (a) allow the appeal and change the length of the period; or

    • (b) dismiss the appeal.

  • Marginal note:Disposition of appeal by Attorney General

    (4) On an appeal against the dismissal of an application for an order that an offender is a dangerous offender under this Part, the court of appeal may

    • (a) allow the appeal and

      • (i) find that the offender is a dangerous offender,

      • (ii) find that the offender is not a dangerous offender, find that the offender is a long-term offender, impose a minimum sentence of imprisonment for two years, for the offence for which the offender has been convicted, and order the offender to be supervised in the community, for a period that does not, subject to subsection 753.1(5), exceed ten years, in accordance with section 753.2 and the Corrections and Conditional Release Act, or

      • (iii) order a new hearing; or

    • (b) dismiss the appeal.

  • Marginal note:Disposition of appeal by Attorney General

    (4.1) On an appeal by the Attorney General against the length of a period of long-term supervision of a long-term offender, the court of appeal may

    • (a) allow the appeal and change the length of the period; or

    • (b) dismiss the appeal.

  • Marginal note:Disposition of appeal by Attorney General

    (4.2) On an appeal against the dismissal of an application for a finding that an offender is a long-term offender under this Part, the court of appeal may

    • (a) allow the appeal and

      • (i) find that the offender is a long-term offender, impose a minimum sentence of imprisonment for two years, for the offence for which the offender has been convicted, and order the offender to be supervised in the community, for a period that does not, subject to subsection 753.1(5), exceed ten years, in accordance with section 753.2 and the Corrections and Conditional Release Act, or

      • (ii) order a new hearing; or

    • (b) dismiss the appeal.

  • Marginal note:Effect of judgment

    (5) A judgment of the court of appeal finding that an offender is or is not a dangerous offender or a long-term offender, or changing the length of the period of long-term supervision ordered, has the same force and effect as if it were a finding by or judgment of the trial court.

  • Marginal note:Commencement of sentence

    (6) Notwithstanding subsection 719(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be deemed to have commenced when the offender was sentenced by the court by which he was convicted.

  • Marginal note:Part XXI applies re appeals

    (7) The provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this section.

  • R.S., 1985, c. C-46, s. 759;
  • 1995, c. 22, s. 10;
  • 1997, c. 17, s. 6.
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