If found guilty you may be generally liable to (in order of severity):

  • An absolute or conditional discharge (you receive no criminal record although you have pleaded guilty to a criminal offence)
  • A fine
  • A restitution order (i.e. an order requiring that you make a form of compensation)
  • Probation (release on specified conditions such as being of good behaviour or staying away from the victim)
  • Community service (an order requiring you to perform volunteer work in the community)
  • Imprisonment (either on a form of house arrest, known as a Conditional Sentence Order, or else in a prison)

Sentences vary by charge. The table below covers the minimum and maximum penalties for common charges.

OFFENSEC.C. SECTIONSUMMARY/ INDICTABLEMIN. PENALTYMAX. PENALTYCONDITIONAL SENTENCE (S. 742.1)
Assault265, 266Indictable or summary5 years (indictable)Available
Aggravated assault265, 268Indictable14 yearsNo, as it is an offense prosecuted by way of indictment with a max term of 14 years (s. 742.1(c)
Assault causing bodily harm265, 267Indictable or summary10 years (indictable)18 months (summary)No, if this offense, resulting in bodily harm, is prosecuted by way of an indictment, with a max term of 10 years(s. 742.1(e))
Sexual assault265, 271Indictable or summary1 year (indictable + when the complainant is under 16)90 days (summary + when the complainant is under 16)10 years (indictable)18 months (summary)No, if it is prosecuted by way of an indictment (s. 742.1(f)) or if it involves a complainant under 16, whether by summary or indictment as it carries a min term of imprisonment (s.742.1(b))
Aggravated sexual assault265, 273Indictable4 years (firearm used)5 years (complainant under 16)5 years for the 1st offense and 7 years for any subsequent offense under the circumstances described below (restricted/ prohibited firearm used OR any firearm used for the benefit or, at the direction of or in association with a criminal organization)LifeNo, as it is an offense prosecuted by way of indictment with a max term of lifetime imprisonment (s. 742.1(c)
Possession of child pornography163.1(4)Indictable or summary6 months (indictable)90 days (summary)5 years (indictable)18 months (summary)No, as it carries a min term of imprisonment (s. 742.1(b))
Sexual interference151Indictable or summary1 year (indictable)90 days (summary)10 years (indictable)18 months (summary)No, as it carries a min term of imprisonment (s. 742.1(b))
Theft322, 334Indictable (over $5,000 or when a testamentary instrument is stolen)Indictable or summary ($5,000 or under) 10 years (over $5,000 or when a testamentary instrument is stolen)2 years ($5,000 or under + indictable offense)No, if it is a theft over $5,000 and is prosecuted by way of an indictment (s. 742.1(f))
Fraud380, 380.1Indictable (over $5,000 or involves a testamentary instrument)Indictable or summary ($5,000 or under)14 years (over $5,000 or involves a testamentary instrument)2 years ($5,000 or under + indictable offense)No, if it is prosecuted by way of an indictment, with a max term of 14 years (s. 742.1(c))
Impaired driving253, 255Indictable or summary1st offense: $1,0002nd offense: 30 days’ of imprisonmentSubsequent offense: 120 days of imprisonment5 years (indictable)18 months (summary)No, if it is a 2nd or subsequent offense as it carries a min term of imprisonment (s. 742.1(b))
Dangerous driving249Indictable or summary5 years (indictable)Available