A member of the Forces to be punished more seriously because conduct inconsistent with what public expects of the military

On conviction an accused is sentenced -- it is the accused and not the offence that is sentenced.

In R. v. Hall, 2010 ONCA 498 the Court held that a member of the Forces may be punished more severely because their conduct is inconsistent with their position in society.

The Court held:

[2]              As for the trial judge's finding that the appellant's conduct amounted to a breach of trust, we do not believe that the trial judge had in mind s. 718.2(a)(iii) of the Code. Rather, he was observing that the appellant's conduct was inconsistent with the role the public expects of the military and that it also brought dishonour on the Canadian military in general. In our view, it was appropriate for the trial judge to take those considerations into account.