Canada Case Law

R. v. Normand

Court

Court of Appeal for Ontario

The sentencing judge considered Gladue material and the principle of restraint, weighed mitigating and aggravating factors against the serious facts (including multiple firearms, threats, prior relevant convictions and institutional conduct), and did not commit an error of law or principle; the global four-year sentence with 33 months credit (resulting in 15 months to be served) is not demonstrably unfit, so the appeal fails.

Source excerpt

• Sentencing principles
• Gladue considerations
• Pre-sentence custody credit
• Principle of restraint
• Mitigating and aggravating factors

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R. v. D.J.S.

Court

British Columbia Court of Appeal

The Court of Appeal allowed the Crown’s appeal in a dangerous offender case, set aside determinate sentences, and imposed an indeterminate penitentiary sentence.

• Indeterminate versus determinate sentencing
• Reasonable expectation under s.753(4.1) of the criminal code
• Long term supervision order (ltso)
• Expert risk assessment and manageability
• Standard of review for mixed fact and law
• Dangerous-offender

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Regina v. L.T.P.

Court

Supreme Court of British Columbia

The court found L.T.P. met the dangerous-offender risk criteria, but held that long-term offender supervision and treatment could reasonably control the risk in the community.

• Dangerous offender designation
• Long-term offender provisions (s.753.1)
• Pattern of repetitive behaviour (s.753(1)(a)(i))
• Reasonable possibility of eventual control (s.753.1(1)(c))
• Expert psychiatric and neuropsychological evidence
• Use and limits of pcl-r

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