Monday, February 5, 2018

Guilty Plea Not Always Leading to Mitigation of Sentence

R. v. F.H.L., 2018 ONCA 83:

[22] A plea of guilt does not entitle an offender to a set standard of mitigation. The amount of credit a guilty plea attracts will vary in each case. In R. v. Faulds (1994), 1994 CanLII 770 (ON CA), 20 O.R. (3d) 13 (C.A.), at para. 14, this court held that "[t]he effect of a guilty plea in setting the appropriate sentence will vary with the circumstances of each case. In some cases, a guilty plea is a demonstration of remorse and a positive first step towards rehabilitation. In other cases, a guilty plea is simply a recognition of the inevitable"; see also R. v. Carreira, 2015 ONCA 639 (CanLII), 337 O.A.C. 396, at para. 15.

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