Thursday, September 4, 2014

Loss of deference to sentencing judge because of a failure to advert to relevant sentencing principles

Normally a sentencing judge`s decision is entitled to considerable deference however, if the sentencing judge does not expressly reference a relevant sentencing principle at deference may be lost – see  R. v. Doran, 2014 ONCA 621 holding, The failure of the sentencing judge to expressly state that she had considered the principle of totality disentitles the sentencing judge's decision to the deference that is normally its due``.

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