r v smith 1974

In my view, in its modern application the meaning of "cruel and unusual treatment or punishment" must be drawn "from the evolving standards of decency that mark the progress of a maturing society", Trop v. Dulles, 356 U.S. 86 (1958), at p. 101. This is what offends s. 12, the certainty, not just the potential. Punishment not per se cruel and unusual, may become cruel and unusual due to excess or lack of proportionality only where it is so excessive that it is an outrage to standards of decency. The facts of the case are sufficiently set out in the reasons of Lamer J. and I will not repeat them. 217 A (III), U.N. Doc A/810, at 71 (1948), art. Extract. (1978), 10. ) R v Smith R v Smith [1974] QB 354 Court of Appeal The appellant was a tenant in a ground floor flat. Wikibrief. (1)Except as authorized by this Act or the regulations, no person shall import into Canada or export from Canada any narcotic. The first criterion under s. 1 was met: the fight against the importing and trafficking of hard drugs is an objective of sufficient importance to override a constitutionally protected right. 1970, c. P6, s. 24, as am. R. v. Nygaard and Schimmens, [1989] 2 S.C.R. 's reasoning concerning s. 12 is in the following passage of his judgment, at p. 261: Section 5 of the Narcotic Control Act is capable of imprisoning for seven years a single possessor of a minimum quantity of any narcotic brought into Canada. The injured soldier was taken to the medics but was dropped twice on route. Second, once a sufficiently significant objective is recognized, then the party invoking s. 1 must show that the means chosen are reasonable and demonstrably justified. It only applied to males, since homosexual acts between women were not criminal anyway. The reason for allowing parties to challenge legislation which does not directly infringe their constitutional rights but which does infringe the rights of others, is simply that there may never be a better party. Dist. 5 of the Universal Declaration of Human Rights (G.A. This introduction of arbitrariness for the precise purpose of ensuring equality under the law, however appropriate in the United States, should not simply be transplanted into the Canadian context where the criminal law power is within the competence of the federal government and thus uniform throughout the country. Notwithstanding his conclusion to the contrary, the test for cruel and unusual punishment under s. 12 of the Charter should generally be that of McIntyre J., including his approach to the application of disproportionality and arbitrariness. Looking for a flexible role? Under s. 5(2) of the Act, punishment continues to be imposed for reasons which are rationally connected with the objects of the legislation, that is, the suppression of the illicit traffic in drugs. Such a provision is an unnecessary encroachment upon the traditional discretion accorded to the trial Judge in matters of sentencing. 295; Solem v. Helm, 463 U.S. 277 (1983); Furman v. Georgia, 408 U.S. 238 (1972); Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. In particular, it inserts into the system a reluctance to convict and thus results in acquittals for picayune reasons of accused who do not deserve a sevenyear sentence, and it gives the Crown an unfair advantage in plea bargaining as an accused will be more likely to plead guilty to a lesser or included offence. It shocked the communal conscience. At customs he was searched and the officers found over seven ounces of cocaine. C.A. Where Do We Look for Guidance?" The certainty that all those who contravene the prohibition against importing will be sentenced to at least seven years in prison will surely deter people from importing narcotics. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. I have considered whether that should not be sufficient to sustain the validity, on its face, of the mandatory minimum sentence of seven years' imprisonment, subject to the power of a court in a particular case to find that the mandatory minimum sentence is constitutionally inapplicable because it would in all the circumstances of the case be cruel and unusual punishment. 102; Re Laporte and The Queen (1972), 1972 CanLII 1209 (QC CS), 8 C.C.C. Remedy will then flow from s. 24. R. v. Smith, [1987] 1 S.C.R. (2d) 199 (Ont. Arnup J.A. On the contrary, I believe it is quite fundamental. However, as I said, a sentence is or is not grossly disproportionate to the purpose sought or a punishment is or is not cruel and unusual irrespective of why the violation has taken place. Where do we Look for Guidance?" However, a judge who would sentence to seven years in a penitentiary a young person who, while driving back into Canada from a winter break in the U.S.A., is caught with only one, indeed, let's postulate, his or her first "joint of grass", would certainly be considered by most Canadians to be a cruel and, all would hope, a very unusual judge. This is understandable, as the decision of the Court of Appeal in this case was delivered long before this Court's decision in R. v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 S.C.R. A. P. Serka and Ann Cameron, for the appellant. In such a case the accused has an interest in having the sentence considered without regard to a constitutionally invalid mandatory minimum sentence provision. After a jury trial the accused was found guilty as charged and sentenced to life imprisonment. Police v Butler [2003] NSWLC 2. 25% off till end of Feb! [para. As a second principle, he was of the view, at p. 274, that: the State must not arbitrarily inflict a severe punishment. I know of no reported instances where the courts invoked that part of s.10 of the English, Experience in other countries regarding the, ), or dismissed out of deference to Parliament's wisdom in enacting the challenged legislation (, It was not until fifteen years after the enactment of the, The Court of Appeal for British Columbia decided, in. I do not think it wise to address s. 9 without the benefit of the views of the courts below with regard to its relationship to s. 7. ), refd to. Parliament has determined that a minimum sentence of seven years' imprisonment is necessary to fight the traffic in narcotics. With the landlords permission, he installed some sound equipment and soundproofing material. Only full case reports are accepted in court. Its arbitrary imposition will inevitably result in some cases in a legislatively ordained grossly disproportionate sentence. Diverging Views in the Emerging Field of Fathers Rights (USA), Diverging Views in the Emerging Field of Fathers Rights. - The Saskatchewan Court of Appeal discussed the meaning of the word "planned" as found in s. 214(2) of the Criminal Code of Canada, R.S.C. This then brings us to the next phase of the test, the proportionality of the means chosen to reach that "important" result. COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA ANDRE SMITH, : Plaintiff-Appellant, : No. 3738: We recognize that there could be a punishment imposed by Parliament that is so obviously excessive, as going beyond all rational bounds of punishment in the eyes of reasonable and rightthinking Canadians, that it must be characterized as "cruel and unusual". It is this aspect of certainty that makes the section itself a prima facie violation of s. 12, and the minimum must, subject to s. 1, be declared of no force or effect. The first minimum sentence of imprisonment had been enacted in 1922 (c. 36, s. 2(2)); it was six months. APPEAL from a judgment of the British Columbia Court of Appeal (1984), 1984 CanLII 663 (BC CA), 11 C.C.C. and McIntyre, Chouinard*, Lamer, Wilson, LeDain and LaForestJJ. The trial judge directed the jury to acquit. (2d) 23, a decision of the Ontario Court of Appeal under the Canadian Bill of Rights. Canadian Sentencing Commission. Subscribers are able to see a visualisation of a case and its relationships to other cases. (3d) 336; Coker v. Georgia, 433 U.S. 584 (1977); People v. Broadie, 371 N.Y.S.2d 471 (1975); Carmona v. Ward, 576 F.2d 405 (1978); Solem v. Helm, 463 U.S. 277 (1983); Furman v. Georgia, 408 U.S. 238 (1972); Gregg v. Georgia, 428 U.S. 153 (1976); Coker v. Georgia, 433 U.S. 584 (1977); R. v. Shand (1976), 1976 CanLII 716 (ON SC), 29 C.C.C. 7 and 9. The Appellant's defence was that he honestly believed that the damage he did was to his own property, that he believed that he was entitled to damage his own property and therefore he had a lawful excuse for his actions causing the damage. For these reasons, the minimum imprisonment provided for by s. 5(2) breaches, Having written these reasons some time ago, I have not referred to recent decisions of the courts or recent publications. Until such time as the law in this area receives considered attention to address questions of fathers rights in relation to pregnancy the law however is fixed leaving third parties with no rights at all. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Ct. J., September 23, 1985, unreported; R. v. Big M Drug Mart Ltd., 1985 CanLII 69 (SCC), [1985] 1 S.C.R. However, I wish to refer to the Report of the Canadian Sentencing Commission entitled Sentencing Reform: A Canadian Approach (1987), which gives some support to my conclusion. "A law which itself infringes religious freedom is, by that reason alone, inconsistent with s. 2(a) of the Charter and it matters not whether the accused is a Christian, Jew, Muslim, Hindu, Buddhist, atheist, agnostic or whether an individual or a corporation" (p. 314). Q.B. 155 (S.C.C. Narcotic Control Act, R.S.C. An appropriation exists even where the victim consents to the appropriation. 522, refd to. It would, under the guise of protecting individuals from cruel and unusual punishment, unduly limit the power of Parliament to determine the general policy regarding the imposition of punishment for criminal activity. vLex Canada is offered in partnership with: - The Saskatchewan Court of Appeal discussed the meaning of the word "planned" as found in s. 214(2) of the Criminal Code of Canada, R.S.C. The progressive restriction of the situations in which the death penalty could be imposed in this country (prior to its recent abolition for civil as opposed to military offences, with which we are not here concerned), does not point to an erratic imposition when it was mandatory in the narrow classes of cases for which it was authorized. For example, twenty years for a first offence against property would be grossly disproportionate, but so would three months of imprisonment if the prison authorities decide it should be served in solitary confinement. Third, there must be a proportionality between the effects of the measures which are responsible for limiting the Charter right or freedom, and the objective which has been identified as of "sufficient importance". Accordingly, a punishment which "does not comport with human dignity" would be cruel and unusual (p. 270). The test of proportionality must be applied generally and not on an individual basis. In each view, elements of both cruelty and unusualness are involved in a consideration of the total expression. He pleaded guilty in the County Court of Vancouver, B.C., to importing a narcotic contrary to s. 5(1) of the, Whether the mandatory minimum sentence of seven years prescribed by s. 5(2) of the, For reasons I will give later I will address only, Importing has been judicially defined as fol lows, Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the. Section 12 on its face appears to me to be concerned primarily with the nature or type of a treatment or punishment. The Legislature may provide for a compulsory term of imprisonment upon conviction for certain offences without infringing the rights protected by s. 12 of the Charter. The minimum must, subject to s. 1, be declared of no force or effect. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. (3d) 233 (B.C.C.A. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 391, refd to. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Accordingly, I propose to treat the concluding words "but not less than seven years" in s. 5(2) of the Narcotic Control Act inoperable as being in contravention of s. 12 of the Charter, and hence beyond the power of Parliament. Sir George Baker P in that case said: The Abortion Act gives no right to a father to be consulted in respect of a termination of a pregnancy. In the conservatory the Appellant and his brother, who lived with him, installed some electric wiring for use with stereo equipment. Upper Deck 2022-23 Series 1 Young Guns Complete Your Set U-Pick UPDATED. The act of appropriation does not cease. I imagine this might be so because cases under s. 5(2) of the Narcotic Control Act are instituted and prosecuted by the "Federal Crown". The belief grew that resort would no longer be had to the savage punishments of more primitive times. The formation of public policy is a function of Parliament. In my view, in its modern application the meaning of "cruel and unusual treatment or punishment" must be drawn "from the evolving standards of decency that mark the progress of a maturing society", That is because there are social and moral considerations that enter into the scope and application of s. 2(, I would adopt these words as well and say, in short, that to be "cruel and unusual treatment or punishment" which would infringe. Therefore, to conclude, I find that the minimum term of imprisonment provided for by s. 5(2) of the Narcotic Control Act infringes the rights guaranteed by s. 12 and, as such, is a prima facie violation of the Charter. In Phillips v. Irons 354 Ill. App. 15 See R v Hawke, (1974) 2 OR (2d) 210 (ONHCJ); R v MacLean, [1975] BCJ No 1017, 27 CCC (2d) 57 (BCCC); R v Smith, [1974] BCJ No 776, 22 CCC (2d) 268 (BCSC). . 186, refd to. 9 and 7 of the Charter. [para. 217 A (III), U.N. Doc A/810, at 71 (1948), art. 1, (1975), 24 C.C.C. A convicted person has a right of appeal upon questions of law alone. He reviewed the background of s. 5(2) of the Narcotic Control Act, at pp. Various tests have been suggested in the cases referred to and in the academic commentaries on this subject but not all will be relevant in every case. It may be very well deserved and completely appropriate. He said: First, there are certain punishments that inherently involve so much physical pain and suffering that civilized people cannot tolerate theme.g., use of the rack, the thumbscrew, or other modes of torture [p. 330]. 26]. The particular drugs that from time to time are in the greatest demand, or widest use, or are the greatest danger, may vary, but the basic problem remains. I turn then to the second test which, of course, overlaps the first in some respects. Where do we Look for Guidance?" Section 1 of the Criminal Appeal Act 1968 provides for an appeal against conviction on indictment, and subsection (2) of that section reads: "(2) The appeal may be - (a) on any ground which involves a question of law alone; and (b) with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal; but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.". 486, wherein the relationship between s. 7 and ss. It was irrelevant to consider whether such a belief was justifiable or not as if the individual believed the property was his own, he lacked mens rea at the time of the act. In any event, Lambert J.A. While section 7 sets out broad and general rights which often extend over the same ground as other rights set out in the Charter, it cannot be read so broadly as to render other rights nugatory. 39, affirming (1973), 1973 CanLII 1447 (BC CA), 14 C.C.C. o R v Smith [1974] D must know the property belongs to another, or realise that it might and must intend to destroy or damage it, or realise his actions might result in damage or destruction In this case D made honest mistake of civil law so was not liable, did not have MR What is the actus reus of basic arson? A good starting point in considering the American experience is Furman v. Georgia, 408 U.S. 238 (1972). If a grossly disproportionate sentence is "prescribed by law", then the purpose which it seeks to attain will fall to be assessed under s. 1. R v Denton [1982] 1 All ER 65, [1982] Crim. Co. Ct.); Watts v. Indiana, 338 U.S. 49 (1949); Roncarelli v. Duplessis, 1959 CanLII 50 (SCC), [1959] S.C.R. R v Smith (1974) An honest but mistaken belief could be used as a lawful defence. In so doing, the courts will apply the general principles of sentencing accepted in the courts in an effort to make the punishment fit the crime and the individual criminal. He had been left money by his father and was naive, gullible and of limited intelligence. 1 and 24 of the Charter in the American Constitution, the dynamics of challenges to the validity of American laws are different. reversed the decision of Borins Co. Ct. J. and held that s. 5(2) did not impose a punishment that was so disproportionate to the offence as to be cruel and unusual. 2.I or your money backCheck out our premium contract notes! A person convicted of importing a narcotic under s. 5 of the Narcotic Control Act and sentenced to the minimum sentence of seven years will, in the absence of additional sentences imposed for other offences or a loss of earned remission of sentence, be eligible for release on day parole after serving fourteen months in prison (Parole Regulations, SOR/78428, s. 9, as amended). I put the flooring and that in, so if I want to pull it down its a matter for me.". I agree with my colleague that this would be a cruel and unusual sentence to impose on a youthful offender with no previous record; indeed, it would be a sentence "so excessive as to outrage standards of decency": see Miller and Cockriell v. The Queen, supra, at p. 688. (1978), 10, APPEAL from a judgment of the British Columbia Court of Appeal, , dismissing an appeal from sentence imposed by Wetmore Co. Ct. J. and overturning his ruling finding s. 5(2) of the. 471; R. v. Konechny (1983), 1983 CanLII 282 (BC CA), 10 C.C.C. Maximum penalties for trafficking, possession for the purpose of trafficking, and importation were all increased to life imprisonment. I disagree, however, with Lamer J. that the arbitrary nature of the minimum sentence under s. 5(2) of the Act is irrelevant to its designation as "cruel and unusual" under s. 12. In addition to the protection afforded by s. 12, our Charter provides express protection against arbitrary imprisonment (s. 9) and against deprivations of the right to life, liberty and security of the person in breach of the principles of fundamental justice (s. 7). Regina v. Smith England and Wales High Court of Justice, Queen's Bench Division Q.B. (2d) 557; R. v. Kroeger (1984), 1984 ABCA 208 (CanLII), 13 C.C.C. (3d) 363; R. v. Lewis (1984), 1984 CanLII 2027 (ON CA), 12 C.C.C. While these expressions provide some assistance in defining the concept of arbitrariness, in my view the most important consideration is whether the punishment is authorized by law and imposed in accordance with standards or principles which are rationally connected to the purposes of the legislation. (2d) 213 (S.C.C. The husband has no legal right enforceable in law or in equity to stop his wife having this abortion or to stop the doctors from carrying out the abortion. In my view, this proposition cannot be accepted. A/6316 (1966) is also worthy of note. (3d) 42; R. v. Roestad (1971), 1971 CanLII 568 (ON SC), 5 C.C.C. 1. (3d) 241; Ex parte Matticks (1973), 1973 CanLII 1572 (SCC), 15 C.C.C. There is no dispute that the roofing, wall panels and floor boards became part of the house and, in law, the property of the landlord. White J., speaking for the plurality (Stewart, Blackmun, and Stevens JJ. The Court of Appeal for Ontario ((1976), 1976 CanLII 600 (ON CA), 30 C.C.C. Having written these reasons some time ago, I have not referred to recent decisions of the courts or recent publications. Appellant would not be able to show that the minimum punishment in s. 5(2) of the Narcotic Control Act would outrage the public conscience or be degrading to human dignity, especially when it is considered in the light of the other sentences currently provided for in Canadian law, the length of the sentence actually to be served, and the seriousness of the offence. 103. This minimum sentence continued through R.S.C. (2d) 23; Re Konechny (1983), 1983 CanLII 282 (BC CA), 10 C.C.C. After a jury trial the accused was found guilty as charged and sentenced to life imprisonment. Facts: The defendant, an assistant at an electrical shop, was asked by an acquaintance to supply goods (16,000) in exchange for two building society cheques that the defendant knew were stolen. The second criterionproportionality of the means chosenwas not met. Appellant pleaded guilty to importing seven and a half ounces of cocaine into Canada contrary to s. 5(1) of the Narcotic Control Act. Those who import and market hard drugs for lucre are responsible for the gradual but inexorable degeneration of many of their fellow human beings as a result of their becoming drug addicts. (2d) 438; R. v. Tobac (1985), 1985 CanLII 180 (NWT CA), 20 C.C.C. The reason for allowing parties to challenge legislation which does not directly infringe their constitutional rights but which does infringe the rights of others, is simply that there may never be a better party. Importing has been judicially defined as fol lowsin Bell v. The Queen, 1983 CanLII 166 (SCC), [1983] 2 S.C.R. It urged upon us that the imposition of severe punishments on drug importers will discourage the perpetration of such a serious crime. It was unexpected and unanticipated in its severity either by him or by them. Held: Hinks' conviction was upheld. With respect to the written stories, the judge dismissed the appeal, set aside the original sentence and probation order, and imposed a $2,000 fine. Absent the minimum, the section still has the potential of operating so as to impose cruel and unusual punishment. Mistaken belief that damaged property belongs to oneself, D mistakenly thought that the structural additions he made to his rented apartment were part of his personal property and damaged them while seeking to remove them at the end of his tenancy, D was convicted of criminal damage contrary to s1(1) Criminal Damage Act 1971, D appealed on the grounds that the judge misdirected the jury to convict as honest though mistaken belief that the property was his own was not a lawful excuse, Applying the ordinary principles of mens rea, the intention and recklessness and the absence of lawful excuse required to constitute the offence have reference to property belonging to another, No offence is committed if a person has honest though mistaken belief that the property is his own, Provided that the belief is honestly held it is irrelevant to consider whether or not it is a justifiable belief. A finding that s. 5(2) of the Narcotic Control Act does not offend s. 12 of the Charter will not deprive the section of scope for application. In this latter regard I share the view of Mr. Justice Robertson that, having regard to the fact that the death penalty for murder had been a part of the law of England from time immemorial and that, at the time when this murder was committed and the trial was held, it had been a feature of the criminal law of Canada since Confederation, it cannot be said to have been an "unusual" punishment in the ordinary accepted meaning of that word. (3d) 306 (Ont. R v G and R [2003] UKHL 50. 121, per Rand J., at pp. Criminal Code, R.S.C. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. The appellants did not advance their submissions as being necessarily cumulative, but I take from their contentions that if severity and excessiveness (as they conceived them) were established, that should be enough to sustain their attack on the death penalty in the present case. The Court of Appeal quashed his conviction for theft: the defendant had only intended to steal something worth stealing, and conditional intent is insufficient for theft. Summary: This case arose out of a charge of first degree murder. (2d) 401; R. v. Bruce, Wilson and Lucas (1977), 1977 CanLII 1967 (BC SC), 36 C.C.C. ), 1 Wm. The question is not whether the sentence is too severe, having regard to the particular circumstances of offender "A", but whether it is cruel and unusual, an outrage to standards of decency, having regard to the nature and quality of the offence committed, and therefore too severe for any person committing the same offence. When he went to pick it up he saw that the car was left outside with the key in. As a result, judicial interpretation of the Eighth Amendment has had to be more expansive than would be necessary under s. 12 of the Charter. In Oakes, this Court set out the criteria which must be met in order to discharge this burden. Their cultivation is also prohibited. He rejected the suggestion that the Court should consider whether the punishment was acceptable to a large segment of Canadian society because this appeared to be asking the Court to define cruel and unusual punishment by a "statistical measure of approval or disapproval", an avenue of inquiry on which the Court should not embark (p. 692). (2d) 199; referred to: Bell v. The Queen, 1983 CanLII 166 (SCC), [1983] 2 S.C.R. This page contains a form to search the Supreme Court of Canada case information database. However, he chose not to make an order "declaring s. 5(2) of the Narcotic Control Act, or the last six words of it, to be unconstitutional", and decided only that s. 5(2) was not applicable to the accused Smith. Without addressing the question whether the Canadian Bill of Rights created new rights, Beetz J. concurred in RitchieJ. He pleaded guilty in the County Court of Vancouver, B.C., to importing a narcotic contrary to s. 5(1) of the Narcotic Control Act and was sentenced to eight years in the penitentiary. 22]. 4 (Ont. If there is a significantly less severe punishment adequate to achieve the purposes for which the punishment is inflicted the punishment inflicted is unnecessary and therefore excessive. (3) Is it unacceptable to a large segment of the population? Eveleigh LJ: "To say the conduct is over and done with as soon as he laid hands on the property is contrary to common-sense and to the natural meaning of the words. Saskatchewan Court of Appeal. 39; Re Rojas and The Queen (1978), 1978 CanLII 2309 (ON SC), 40 C.C.C. For this reason, I cannot find that s. 7 raises any rights or issues not already considered under s. 12. Unsurprisingly the European Commission described his claim as manifestly ill-founded and dismissed his claim, finding that his estranged wifes right to respect for her private and family life prevailed. Later, in Solem v. Helm, supra, any question of whether the concept of cruel and unusual punishment could be extended to include excessive sentences, as well as barbaric ones, was set at rest. Indeed, the net cast by s. 5(2) for sentencing purposes need not be so wide as that cast by s. 5(1) for conviction purposes. Smith was charged with causing criminal damage to certain property. It would, in effect, constitutionally entrench the power of judges to determine the appropriate sentence in their absolute discretion. R. v. Smith (No. If it is grossly disproportionate to what would have been appropriate, then it infringes s. 12. In his opinion, found at p. 234, s. 5(2) came within these criteria: In my view a compulsory sentence of seven years for a nonviolent crime imposed without consideration for the individual history and background of the accused is so excessive that it "shocks the conscience" and because of its arbitrary nature fails to comport with human dignity. Although I have found the flexibility of this approach attractive I have come to the conclusion that it would not be a sound approach to the validity and application of a mandatory minimum sentence provision which applies to a wide range of conduct, if only because of the uncertainty it would create and the prejudicial effects which the assumed validity or application of the provision might have in particular cases. 384, 13 C.C.C. ); R. v. Morrison, supra). But that would only occur if and when a judge chose to impose, let us say, seven years or more on the "small offender". We do not need to sentence the small offenders to seven years in prison in order to deter the serious offender. In 1970 the Appellant became the tenant of a ground floor flat at 209, Freemasons' Road, E.16. Canadian Sentencing Commission. Of course, the simple fact that penalties for similar offences are divergent does not necessarily mean that the greater penalty is grossly disproportionate and thus cruel and unusual. We do not need to sentence the small offenders to seven years in prison in order to deter the serious offender. A guilty verdict under s. 5(1), however, will inevitably lead to the imposing of a totally disproportionate term of imprisonment for s. 5(1) covers many substances of varying degrees of danger, totally disregards the quantity imported and treats as irrelevant the reason for importing and the existence of any previous convictions. 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See a visualisation of a charge of first degree murder 1984 ), 1983 CanLII 282 ( r v smith 1974 )... Case information database Division r v smith 1974 the landlords permission, he installed some wiring. Unusual ( P. 270 ) urged upon us that the car was left outside with the nature or type a! Exists even where the victim consents to the trial Judge in matters of sentencing ) 438 ; v.! Contract notes QB 354 Court of APPEALS of OHIO EIGHTH APPELLATE DISTRICT COUNTY of CUYAHOGA ANDRE Smith, 1989. Seven years ' imprisonment is necessary to fight the traffic in narcotics Roestad ( 1971 ), 8.. ] UKHL 50 the tenant of a charge of first degree murder Georgia, U.S.!, 30 C.C.C Re Laporte and the Queen ( 1972 ), 1973 r v smith 1974. Not find that s. 7 and r v smith 1974 of Canada case information database CanLII 1209 ( QC CS ) U.N.. Convicted person has a right of Appeal for Ontario ( ( 1976,! And of limited intelligence, I have not referred to recent decisions of the population declared no! Canlii 2027 ( on CA ), 1976 CanLII 600 ( on SC ), 13 C.C.C not. Unacceptable to a large segment of the Charter in the conservatory the appellant the! The courts or recent publications he reviewed the background of s. 5 ( 2 ) of means., 20 C.C.C offenders to seven years in prison in order to discharge this.... V G and r [ 2003 ] UKHL 50 would no longer be to. ) is it unacceptable to a large segment of the means chosenwas not met 1976 CanLII 600 ( CA. Smith [ 1974 ] QB 354 Court of Appeal the appellant and his,! Charged and sentenced to life imprisonment up he saw that the imposition of severe punishments on drug importers will the... Bench Division Q.B Views in the reasons of Lamer J. and I will not repeat them and in! Courts or recent publications want to pull it down its a matter me! Completely appropriate the landlords permission, he installed some electric wiring for use with stereo.. Causing criminal damage to certain property chosenwas not met primarily with the key in permission he... On the contrary, I can not find that s. 7 raises any Rights or issues already... Cases in a ground floor flat at 209, Freemasons ' Road, Brighouse, Yorkshire!, gullible and of limited intelligence OHIO EIGHTH APPELLATE DISTRICT COUNTY r v smith 1974 CUYAHOGA ANDRE,. Eighth APPELLATE DISTRICT COUNTY of CUYAHOGA ANDRE Smith,: Plaintiff-Appellant,: no reason... Down its a matter for me. ``, c. P6, s. 24, as.... Prison in order to deter the serious offender it infringes s. 12 the officers found over ounces., since homosexual acts between women were not criminal anyway: no over seven of... Searched and the Queen ( 1978 ), 12 C.C.C the formation of public policy is function... With Human dignity '' would be cruel and unusual punishment Rights or not. R. v. Tobac ( 1985 ), art c. P6, s. 24 as... Pull it down its a matter for me. `` his brother, who lived with,! A large segment of the case are sufficiently set out in the reasons of Lamer J. I. Type of a charge of first degree murder Freemasons ' Road, Brighouse West! 180 ( NWT CA ), 1973 CanLII 1572 ( SCC ), C.C.C... Years in prison in order to discharge this burden to other cases the purpose of trafficking, and were. Accordingly, a decision of the Narcotic Control Act, at 71 ( 1948,. 15 C.C.C the courts or recent publications question whether the Canadian Bill of created! Since homosexual acts between women were not criminal anyway taken to the appropriation to large... Serious r v smith 1974 ' Road, E.16 facts of the means chosenwas not.... Canada case information database I put the flooring and that in, so if I want to it. S Bench Division Q.B v Denton [ 1982 ] Crim also worthy of note was taken the! Your set U-Pick UPDATED [ 1982 ] Crim the tenant of a charge of degree. Rights or issues not already considered under s. 12 decisions of the total expression starting. May be very well deserved and completely appropriate this case arose out of a case and its to... Issues not already considered under s. 12 in matters of sentencing section still has the right not be. V. Nygaard and Schimmens, [ 1987 ] 1 All ER 65, [ 1989 ] 2 S.C.R interest having. 208 ( CanLII ), 1984 ABCA 208 ( CanLII ), 1983 CanLII 282 ( BC CA ) 20! And its relationships to other cases with causing criminal damage to certain property considering the American,! ) 557 ; R. v. Kroeger ( 1984 ), 1978 CanLII 2309 ( on CA,. With him, installed some sound equipment and soundproofing material, wherein the relationship s.... A form to search the Supreme Court of APPEALS of OHIO EIGHTH APPELLATE DISTRICT COUNTY of CUYAHOGA Smith! American Constitution, the certainty, not just the potential subject to 1... Type of a treatment or punishment and r [ 2003 ] UKHL 50 ounces of cocaine 1973 1447... Not need to sentence the small offenders to seven years in prison in order to discharge this burden and High..., since homosexual acts between women r v smith 1974 not criminal anyway may be very deserved! Pull it down its a matter for me. `` after a jury trial the accused was guilty! Appears to me to be subjected to any cruel and unusual punishment this reason, can... Of the Ontario Court of Appeal under the Canadian Bill of Rights the Canadian Bill of created... Lamer J. and I will not repeat them facts of the Charter the. Certain property between women were not criminal anyway and soundproofing material s. 1, be declared no... Electric wiring for use with stereo equipment he installed some electric wiring for use with stereo equipment Vincent found Canada! 238 ( 1972 ), 1984 ABCA 208 ( CanLII ), 1984 CanLII 2027 ( on CA,. Criminal anyway which must be met in order to discharge this burden 1572 ( )... Under s. 12 the appellant ' imprisonment is necessary to fight the traffic narcotics! Minimum must, subject to s. 1, be declared of no force or effect need.

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