Thursday, August 2, 2012

No change to sentence in Asian angler attack

The Appeal Court of Ontario has upheld a man’s jail sentence for criminal negligence and assault after a racially motivated attack on anglers that left one of them with permanent brain damage.
The Crown had appealed Trevor Middleton’s sentence of two years less a day, saying it didn’t reflect the racial overtones of the crime.
But in the decision released Thursday morning, the court denied the Crown’s appeal of that sentence, as well as Middleton’s appeal of his conviction

The Court wrote:
Full decision here

[74]       This case represents an example of a situation where the sentence chosen by the trial judge within the appropriate range is to be accorded the deference of this court. As the Supreme Court recently stated in R. v. Nasogaluak, 2010 SCC 6, [2010] 1 S.C.R. 206, at para. 43:
No one sentencing objective trumps the others and it falls to the sentencing judge to determine which objective or objectives merit the greatest weight, given the particulars of the case.
[75]       In R. v. Ramage, 2010 ONCA 488, 257 C.C.C. (3d) 261, Doherty J.A. explained the three reasons why appellate deference to a trial judge’s sentencing decision makes sense: 1) because judges have varying views on the appropriateness of any particular sentence, it is not often an effective use of judicial resources for an appellate court to substitute its view for that of the trial judge; 2) the trial judge who heard the evidence and saw the accused and victims is in the best position to balance the factors and competing interests;  and 3) the trial judge reflects the views and needs of the community in which the offence occurred and the affected people often reside.
[76]       While the sentence imposed here can certainly be viewed as one at the lower end of the scale, the trial judge was clearly attempting to impose the maximum he could without sending the appellant, as a youthful first offender, to the penitentiary. This did not constitute an error of law. It reflects the very serious conduct and consequences for the victims, while giving effect to the principles of individual deterrence, denunciation and prospects for rehabilitation. The sentence is not manifestly unfit.
[77]       The trial judge’s reasons were thorough and nuanced in their analysis of the delicate array of issues that impacted on the determination of the appropriate sentence in this case. I would defer to his decision.


Anonymous said...

Hi, I do think this is an excellent website. I stumbledupon it ;
) I will revisit yet again since i have bookmarked it. Money and freedom is
the best way to change, may you be rich and continue to guide other people.

my web blog - Codes Dominos

Anonymous said...

Good day! I could have sworn I've been to this website before but after reading through some of the post I realized it's new to me.
Anyways, I'm definitely happy I found it and I'll be book-marking and
checking back frequently!

Also visit my webpage: how To get free Baby stuff

Anonymous said...

You should be a part of a contest for one of the most useful blogs on the
web. I most certainly will highly recommend this web site!

my blog; Best inexpensive android tablet

Anonymous said...

What i don't understood is in truth how you're not really
a lot more well-favored than you may be now. You
are very intelligent. You understand therefore considerably with regards to
this topic, made me in my opinion imagine it from so many numerous angles.
Its like men and women are not involved unless it is one thing to
do with Girl gaga! Your own stuffs nice. At all times maintain it up!

Visit my web site: what S the best Android tablet

Anonymous said...

Hi there, You have done an incredible job. I will certainly digg it and personally suggest to my friends.
I am sure they'll be benefited from this site.

Here is my page; Healthcare consultants

Anonymous said...

Hello! Someone in my Myspace group shared this
site with us so I came to give it a look. I'm definitely loving the information. I'm bookmarking and will be
tweeting this to my followers! Outstanding blog and superb design.

Look into my webpage - Care home management

Anonymous said...

Greetings, I do believe your blog could be having internet browser compatibility issues.

When I look at your blog in Safari, it looks fine
however when opening in IE, it has some overlapping issues.
I merely wanted to give you a quick heads up! Aside from that, great site!

Feel free to surf to my web blog - Dominos 50 off Voucher

Anonymous said...

Whoa! This blog looks just like my old one! It's on a entirely different topic but it has pretty much the same page layout and design. Superb choice of colors!

Also visit my web-site: market Research Companies

Anonymous said...

It's a pity you don't have a donate button! I'd most certainly donate to this excellent blog! I guess for now i'll
settle for book-marking and adding your RSS feed to my Google account.
I look forward to fresh updates and will share this
blog with my Facebook group. Chat soon!

Also visit my site Insurance for cars

Anonymous said...

whoah this blog is magnificent i like reading
your articles. Keep up the good work! You recognize,
many individuals are looking around for this info, you could help them greatly.

Feel free to surf to my blog post: domino pizza discount Voucher

Anonymous said...

Wow! This blog looks just like my old one! It's on a completely different topic but it has pretty much the same layout and design. Wonderful choice of colors!

Here is my site - Ask vouchers

Anonymous said...

You really make it appear so easy with your presentation however I in finding this matter to be really something which I feel I'd never understand. It sort of feels too complicated and extremely vast for me. I'm looking ahead in your subsequent submit, I will try to get the cling of it!

Feel free to visit my web blog sign up and get free stuff

Anonymous said...

Do you mind if I quote a few of your articles as
long as I provide credit and sources back to your webpage?
My website is in the very same niche as yours and my users would certainly benefit from some of the information you present here.
Please let me know if this okay with you.
Thank you!

My web-site -

Anonymous said...

Hi there Dear, are you actually visiting this web site regularly, if so after
that you will definitely get pleasant know-how.

Feel free to surf to my website :: Certified public Accountant salary