Monday, October 5, 2009

Sentence affected by circumstances of convict

 R. v. Rende, 2009 ONCA 696 illustrates the principle that where tragic circumstances intervene there may be a reduction in sentence :

 

[3]              However, the fresh evidence we have received, and which the Crown accepts as accurate, is compelling.  The respondent’s own health has deteriorated significantly this year and, tragically, his son is terminally ill with brain cancer.  For this reason, and this reason only, we would not alter the custodial sentence imposed by the trial judge.

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