Citing R. v. Hilbach, Fairburn ACJO stated: "The Supreme Court recently acknowledged that underlying mental health issues may serve a mitigating role in sentencing without any mention that there must also be evidence that a lengthy sentence would have a negative impact on the offender".
07.05.2025 15:21 — 👍 3 🔁 1 💬 1 📌 0
While Fabbro requires that both factors be present, it is worth noting Fairburn ACJO's comments in R. v. Husbands, 2024 ONCA 155, at para. 88: www.canlii.org/en/on/onca/d...
07.05.2025 15:21 — 👍 2 🔁 0 💬 1 📌 0
I agree that it would make more sense for moral blameworthiness and negative impact to be considered as distinct factors, each of which might justify a lower sentence.
07.05.2025 15:21 — 👍 2 🔁 0 💬 1 📌 0
Martha
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Christmas Card From A Hooker In Minneapolis
Ruby's Arms
Train Song
07.05.2025 00:47 — 👍 5 🔁 0 💬 0 📌 0
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