R v Claros – 2019 ONCA 626 (Paciocco): [70] I would not allow a sentence reduction for the Charter disclosure breaches that occurred. I appreciate that the trial Crown told the trial judge that he could properly order such a reduction. However, the legal foundation required for a sentence reduction was not present, and so the Crown concession 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 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 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...