Wednesday, May 15, 2013

Sentence appeals

R. v. Lu, 2013 ONCA 324 holds:

[37]       Before dealing with these submissions, it is important to recall the role of an appellate court when reviewing a sentencing decision.  Appellate courts are to grant sentencing judges considerable deference when reviewing the fitness of a sentence.  They are to interfere only where the sentence is demonstrably unfit, or where it reflects an error in principle, the failure to consider a relevant factor or the over-emphasis of a relevant factor.  An appellate court cannot interfere with the sentence simply because it would have weighed the relevant factors differently.  See R. v. Nasogaluak, 2010 SCC 6, [2010] 1 S.C.R. 206, at para. 46. 

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