When imposing a sentence on an individual who has been found guilty of a criminal offence, judges can take into account all the circumstances of that offence – even if those circumstances gave rise to a separate charge that was laid and later withdrawn, the Supreme Court of Canada ruled in an 8-1 decision on Friday.

The high court’s task was to clarify the scope of s. 725(1)(c) of the Criminal Code, which gives courts the discretion to impose harsher penalties on an offender based on certain aggravating factors. Those factors include any circumstances of an offence that could potentially be the basis for a separate charge.

Writing for the majority , SCC Chief Justice Richard Wagner said nothing in s. 725(1)(c) bars courts from calculating sentences by factoring in the circumstances of a

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