Do judges take prior record into consideration? : an analysis of the sentencing of repeat offenders in British Columbia

Summary: A fundamental principle in nearly every common-law jurisdiction, such as the United Kingdom, Australia, New Zealand, Canada, and the United States, is that an offender's prior record should play a central role in sentencing. In fact, the importance of previous criminal history should only be surpassed by the seriousness of offence committed (Roberts, 1997; Ulmer, 1997; Vigorita, 2001). In Canada, the public has held the views that repeat offenders should be held more accountable for their offenses and should receive a harsher penalty (Roberts, 2008). This perspective is based on the notion that deliberate and persistent criminal activity indicates that the offender is a chronic and significant risk to society who consistently demonstrates a disregard for the rules and laws of society and its citizens.