CRM 3319 Lecture Notes - Lecture 3: Military Animal, The Offence, Restorative Justice
31 Mar 2019
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Document Summary
Additional sentencing objectives: objectives - offences against children. It"s usually responses to specific cases or to advocacy to specific groups. It sets out the fundamental purpose for sentencing in drug cases, along with some aggravating factors: the applicability of the more general provisions. The "fundamental principle: 718. 1 a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender, unchanged since bill c-41 in 1995/6. In r. v. lacasse (2015) scc: "proportionality is the cardinal principle that must guide appellate courts in considering the fitness of a sentence imposed on an offender" It also attempts to ensure that the penalty imposed is not too lenient. It"s an essential condition = sine qua non: and suter (2018) scc "the fundamental principle of proportionality must prevail in every case, proportionate to what, the gravity of the offence, and. Relationship between individualized sentencing, proportionality and judicial discretion.
