Wednesday, January 23, 2013

Totality


[30]       The proper approach to applying the principle of totality on sentencing is to first identify the most serious part of the accusations or offences made against the person that resulted in the criminal offenses he or she was charged with.  Next, the court is to determine the total sentence to be imposed, and then to impose sentences with respect to each offence that they add up to the total sentence.  In doing so, the sentence for each offence must properly reflect the most serious part of the overall criminal conduct and must reflect the proper sentence for that offence.  At this stage the court will then decide whether a particular sentence should be consecutive or concurrent to the other sentences imposed: R. v. Jewell;R. v. Gramlick, [1995] O.J. No. 2213 (Ont. C.A.), at para. 27.  

2 comments:

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