Wednesday, July 15, 2009

Conditional sentences

There were no new Court of Appeal decisions today.

But here's an Alberta case that may be of interest. It suggests a conditional sentence is inappropriate where the convict is unemployed and stays at home:

R v Harlos, [2005] A.J. No. 541‪69

In this case, a CSO is an inappropriate sentence. Although not determinative, one of the apparent weaknesses in the CSO regime, with respect to this offender's circumstances, is that a term of house arrest, with or without other optional conditions, would only maintain his status quo. He is a self admitted homebody, with or without his computer. He spends the majority of his day, if not all day, in his residence.

See also R v Haskell, [2004] A.J. No. 1110 (QB):‪

21 I agree that the accused is eligible for a conditional sentence. However obviously not every offender who is eligible for a conditional sentence should receive one......

36 In this regard, granting a conditional sentence to Mr. Haskell presents some challenges given that unlike young offenders, a conditional sentence will not really change the circumstances of the offender here significantly or at all. Mr. Haskell does not work, he is not going to school, and he has no dependents. Other than personal comfort and relative freedom, granting Mr. Haskell a conditional sentence is not for example going to contribute to his rehabilitation or enhance his ability to contribution to society.‬

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