What constitutes a grossly disproportionate sentence?
Ontario, Canada
The following excerpt is from R v. Peralta, 2018 ONSC 4750 (CanLII):
In order for a sentence to be “grossly disproportionate”, it must be a punishment that is more than merely excessive (see R v. Smith). Removing conditional sentences from the available sentencing options will not result in punishments that are more than merely excessive. This is because, as noted at paragraph 47 above, other sentencing options that would allow for minimal penalties remain available to judges.
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