R v Claros – 2019 ONCA 626 (Pacioocco): [42] As indicated, the difficulty here is that the trial judge did not apply totality considerations. These considerations include whether the combined sentences, calculated individually and sentenced consecutively, would be longer than required to serve the principles of sentencing, or whether the combined sentence would be apt to crush the offender by Read more...
R v Claros – 2019 ONCA 626 (Paciocco): [55] I agree with the Crown that the trial judge erred in principle in treating as mitigating the fact Mr. Claros did not testify in his own defence and “did not lie about anything or try to mislead [the court].” The trial judge said he took this “into account”. He should not Read more...
R v Claros – 2019 ONCA 626 (Paciocco): [55] I agree with the Crown that the trial judge erred in principle in treating as mitigating the fact Mr. Claros did not testify in his own defence and “did not lie about anything or try to mislead [the court].” The trial judge said he took this “into account”. He should not Read more...
R v Claros – 2019 ONCA 626 (Paciocco): [67] The fact that only one of his adult offences was a violent offence does temper the required sentence. However, his long list of driving offences reveals a history of disregard for the safety of others that is relevant in sentencing his reckless behaviour during the Hamilton shooting. His numerous breaches of Read more...
R v McBride – 2019 BCCA 305 (Fitch JA): [40] A delayed parole eligibility order remains out of the ordinary and must be used in a manner that is fair to the offender: Zinck at para. 29. Section 743.6 contemplates a two-step process. [41] At the first stage, the sentencing judge must determine the appropriate sentence for the offence, having Read more...