Tuesday, September 24, 2013

Sentencing for a home invasion

R. v. Hill, 2013 ONCA 572:

[4]          The sentencing objectives of protection of the public, general deterrence and denunciation are given priority in home invasion cases.  Sentences in such cases have fallen within a range of as low as four or five years, to as high as 11 to 13 years:  R. v. Wright (2006), 83 O.R. (3d) 427 (C.A.), at paras. 23 and 24. This broad and loose range reflects the fact that a "home invasion" can be committed in a myriad of ways, by a wide range of offenders.  As Blair J.A. wrote, at para. 24 of Wright, sentencing in a home invasion case "require[s] a careful examination of the circumstances of the particular case in question, of the nature and severity of the criminal acts perpetrated in the course of the home invasion, and of the situation of the individual offender."

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