Wednesday, December 12, 2012

Sentencing for crimes of serious personal violence

R. v. Nowdlak, 2012 NUCJ 19 holds that, in serious personal violence cases deterrence, denunciation and protection of the public, not rehabilitation that must be the foremost consideration of a sentencing court:





[41] In arriving at the form and duration of the sentence to be imposed in this case, the Court has given anxious consideration to the purpose and principles of sentencing set out in section 718 through 718.1 of the Criminal Code <http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html> . Denunciation and deterrence, both general and specific, are the foremost sentencing principles to be applied in cases involving homicides. There is a compelling need to do so in Nunavut, where the per capita rate for both homicide and sexual assault exceeds the national rate by many times.

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[44] It is deterrence, denunciation and protection of the public, not rehabilitation that must be the foremost consideration of a sentencing court dealing with serious crimes against the person. This is so, particularly in cases involving vulnerable victims. Rehabilitation of the offender remains an important objective of the sentencing process, but this must ordinarily take a backseat to the other sentencing objectives in cases of this kind.

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