R. v. Carroll, 2010 ONCA 378 is a good illustration of the gap principle in sentencing. Commonly a criminal record will aggravate the sentence imposed on conviction especially if there prior convictions are similarly to the new charges. However, if there is a lengthy gap between the new offence and the old offence the aggravation will not apply:
[2] We agree with the appellant's submission that the trial judge failed to take into consideration that it had been 11 years since his last criminal conviction and, therefore, failed to apply the well-known gap principle. As a result, the trial judge placed undue emphasis on the appellant's criminal record and failed to give adequate weight to the appellant's prospects for rehabilitation. Thus, this is a case in which this court can look at the sentence afresh.
James Morton
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