Is there a high test to meet in determining that the impact on the offender will be grossly disproportionate to the public interest?
British Columbia, Canada
The following excerpt is from R. v. S.S.S., 2007 BCPC 451 (CanLII):
Determining that the impact on the particular offender will be grossly disproportionate to the public interest is a high test to meet. As Duncan J. stated at para. 17 in R v. Have, “on the face of it, this test appears almost impossible to meet.”
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