If you’ve been charged with a new criminal offence in Alberta and you have a criminal record, one question likely looms large: Will my past come back to haunt me?
The answer is yes, and it can affect everything from how you’re treated in court to the final sentence you receive.
In Canada, the legal system is designed to uphold fairness, but it doesn’t ignore patterns of behaviour. A history of prior convictions can complicate your legal journey and make the outcomes more severe.
The courts must weigh not just the offence you’re facing today but also the person standing trial, and your record is part of that picture.
This blog unpacks how previous convictions influence your current case under Alberta and Canadian criminal law, what the courts consider, and why working with a skilled criminal defence lawyer could make all the difference.
The Legal Framework: How Prior Convictions Are Considered
The Criminal Code of Canada outlines the purposes and principles of sentencing in Sections 718 to 718.2. Key objectives include denunciation, deterrence, separation of offenders from society, rehabilitation, reparation, and promoting a sense of responsibility in offenders. When determining a sentence, courts must consider both aggravating and mitigating factors.
Section 718.2(a) specifically addresses aggravating factors, stating that a sentence should be increased or reduced to account for relevant aggravating or mitigating circumstances. A prior criminal record is commonly viewed as an aggravating factor, particularly if the previous offences are similar to the current charge.
Section 725(1) of the Criminal Code allows courts to consider any other offences for which the offender has been found guilty when determining a sentence. This provision ensures that the sentencing reflects the offender’s overall criminal behaviour, not just the isolated incident currently before the court.
Impact Of Prior Convictions On Different Stages Of A Criminal Case
Bail Hearings
During bail hearings, a judge assesses whether the accused should be released from custody pending trial. A history of prior convictions, especially for failing to appear in court or breaching bail conditions, can negatively influence this decision.
The court may perceive the accused as a higher risk, leading to stricter bail conditions or denial of bail altogether.
Plea Negotiations
In plea negotiations, the Crown prosecutor and defence counsel discuss the possibility of the accused pleading guilty in exchange for a lesser charge or a more lenient sentence.
An accused with a clean record may have more leverage in these discussions. Conversely, a history of similar offences can limit the Crown’s willingness to offer favourable terms, as it may indicate a pattern of criminal behaviour.
Sentencing Outcomes
At the sentencing stage, prior convictions play a significant role. Judges consider the offender’s criminal history to determine the appropriate sentence.
Repeat offenders may face harsher penalties, as the court aims to deter future offences and protect the public.
However, it’s important to note that the sentence must still be proportionate to the gravity of the offence and the degree of responsibility of the offender, as mandated by Section 718.1 of the Criminal Code.
Repeat Offenders vs. First-Time Offenders: Why It Matters in Court
The justice system sees repeat offences as a sign that previous sentences failed to deter future behaviour. This directly influences how a judge responds to your new case.
| Factor | First-Time Offender | Repeat Offender |
| Bail Decision | More likely to be released | May be denied bail or have stricter terms |
| Sentence Type | Possibly non-custodial (fines, community) | Jail time is more likely |
| Crown Flexibility | More open to negotiation | Less inclined to reduce or withdraw charges |
| Public Safety Concerns | Perceived as low-risk | Perceived as higher-risk |
Judges also consider whether the individual has taken steps to change, such as completing treatment programs, working consistently, or staying offence-free for years.
The Importance Of Legal Representation
Navigating the criminal justice system with prior convictions requires strategic legal counsel. A seasoned criminal defence lawyer can:
- Assess the Case Thoroughly: Evaluate how prior convictions may influence the current case and develop a tailored defence strategy.
- Advocate During Bail Hearings: Present compelling arguments to secure bail, emphasizing factors that mitigate the perceived risk.
- Negotiate Effectively: Engage in plea negotiations to achieve the most favourable outcome possible, considering the client’s criminal history.
- Mitigate Sentencing Impact: Highlight mitigating factors and argue for a sentence that reflects the principles of proportionality and rehabilitation.
Engaging a criminal defence lawyer early in the process is crucial to ensure that your rights are protected and to work towards the best possible outcome.
Daryl Royer: Criminal Defence Lawyer You Can Trust
At Daryl Royer Criminal Defence, we specialize in defending individuals facing criminal charges in Edmonton and throughout Alberta. With extensive experience in criminal law, we understand the nuances of how prior convictions can affect your case.
Our dedicated team is committed to providing personalized legal strategies to protect your rights and achieve the best possible outcome.
Contact us today to schedule a consultation and take the first step towards a strong defence.