Family Considerations in Sentencing Accused

Sometimes clients ask me as to whether or not a court will take into account the family pressures that they are under prior to being sentenced in a criminal matter. The short answer is yes. This principle has now been expanded upon recently by the Ontario Court of Justice through Justice Brock Jones.

R. v. Bassey, 2025 ONCJ 501 (CanLII), <https://canlii.ca/t/kfmgv>

He undertook a review of the law and cases from the court of Appeal, where he noted that the impact of a lengthy custodial sentence on an offender’s family must be considered. Sentencing judges must preserve the family as much as possible. Quoting other cases, he notes that family separation consequences may justify a sentencing adjustment and even a significant one or a departure from the range that would otherwise be appropriate.

He noted that recently in 2025, the court of appeal indicated that family concerns also impacted grave offences that require deterrence and denunciation. 

One important factor that comes into play related to family concerns is the obligation of the accused to pay child support for his family. What are the economic consequences of such payment not being made on the well-being of his partner and family and children? This is an issue that bothers any court and will be taken into account.

Similarly, contact between an accused and his or her children is another critical aspect that the court will consider. This is because of the negative effects of family separation and the continuation of the negative cycle of rejection and behavioural problems of the children as they grow older, without the presence of a parent who may be incarcerated.

In this particular case, Justice Jones sentenced the accused to 2 years in jail for illegal drug trade and fire arms based offences. The Crown had asked for a global sentence of 10 years.

The judge specifically referred to the accused family ties and connections in enforcing the two year sentence.

We at Shankar Law practice all over Ontario. We are happy to guide and assist clients on family and criminal matters in undertaking a careful analysis on issues such as the above. We welcome you to contact us. 

We now have four offices conveniently located to serve you better in Owen Sound, Port Elgin, Wiarton, and Kincardine. Serving the Lake Huron and Georgian Bay Shorelines from Goderich to Collingwood and the surrounding areas. We are here to help with all of your Family Law, Criminal Law, Real Estate Law and Will matters.