Fit sentence in criminal matters

Today’s decision in R. v. D.G.F., 2010 ONCA 27, an otherwise unremarkable, if nasty, case has a useful reference to fairness in sentencing:

[18]         In order to determine a fit sentence, the sentencing judge must consider and assess the overall gravity of the offence or offences committed and the circumstances in which they were committed. This reflects the basic tenet of fairness that the punishment fit the crime. In his text, Sentencing, 7^th ed. (Markham: LexisNexis Canada Inc., 2008), Clayton Ruby puts it this way at p. 27:

The nature or gravity of the offence is, properly, the central factor in sentencing. It is and must be the “first rule that prompts the magistrate”. Our basic notion of fairness demands that every sentence be primarily and essentially appropriate to the offence committed, having regard to the nature of the crime and the particular circumstances in which it was committed.

[19]         There are, of course, many other principles that must also be applied in order to arrive at a fit sentence for the particular offender in the specific case, including aggravating and mitigating factors, criminal record and the directives in s. 718 of the Criminal Code