What are the factors available for the defence to argue that remand is not a "preferable place" for sentencing?
Newfoundland and Labrador, Canada
The following excerpt is from R v Myers, 2011 CanLII 50139 (NL PC):
All of these features are available for the defence to argue these matters as mitigating factors in sentencing under reasoning set out in R v. Johnson. The issue of the differences between conditions for remand prisoners and sentenced prisoners is part of the assessment of the qualitative effects of remand, and is an interesting one.
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