Thursday, May 23, 2013

Gladue principles do not trump other sentencing criteria

R. v. Killiktee, 2013 ONCA 332 holds that Gladue principles are factors but not necessarily dispositive factors in sentencing:

[3]          Further, in our opinion, the sentencing judge gave proper effect to Gladue principles.  Her reasons demonstrate great sensitivity to them.  She held, however, that while rehabilitative and Gladue objectives must inform a fit sentence, they do not automatically trump other sentencing objectives.  The sentencing judge recognized that a fit sentence must meet rehabilitative goals but that in this case public safety was paramount. We see no error in principle in her reasons and the sentence she imposed was fit.


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