Answer: yes it can.The principle of individualization of the sentence means the Court can take into account the illness of an individual convicted of an offence when the time comes to impose a sentence.In a recent judgment by the Quebec Court, an individual was convicted of a series of charges related to driving a vehicle while his faculties were impaired. This individual had similar records going back over ten years.
An absolute discharge is the best sentence for a person found guilty of having committed a violation of the Criminal Code of Canada. The defendant benefiting from this measure provided under Section 730 of the Criminal Code, is deemed not having been convicted of the violation. The Judge may grant an absolute disharge to a person found guilty of an offence for which the law does not require any minimum