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Wednesday, February 6, 2013

All About Law Canada Casefiles

R.v. Goltz
[1991] S.C.R 485
Supreme coquette of Canada

1.Goltz already had accumulated numerous penalization points, which would make a candidate that is mostly like to re-offend. Goltz sire the psychogenic capacity to know that he should not hurl been driving at the time, and knowing that his license was suspended because of the penalty points he had accumulated
2.The supreme court justices decided that for the punishment to me unusual and cruel it must be grossly disproportional to the discourtesy and it was not they gave him the minimum sentence for driving with a suspended license
3.No, because driving without a license or acquiring your license suspended is serious. And if your license has been suspended it means that you be a dangerous road user and thats as bad as being a drunk driver.

R.v. Gladue
[1999] 1 S.C.R 688
Supreme Court of Canada

1.The fact that she was pregnant with her second baby bird and had a thyroid problem
2.The aggravating factors atomic number 18 that she stabbed him twice not once and the remarks that she had made after she had stabbed him lead us to remember that she intended harm and she knew what she was doing was wrong.
3.Rehabilitation and retribution.
4.I would given her the equivalent sentence as the sentencing judge had.
R.v.M (C.A)
[1996] 1 S.C.

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R 500
Supreme court of Canada

1.The judge should take into account that M. has been abused as a child and that may have had an impact on his mental health. However the aggravating factors are that he has done the crime many times and psychological tests show a mellow risk of reoffending.
2.General deterrence because it provides a precedent for every(prenominal) other cases similar in nature.
3.Yes because by the time he draws out of jail chances are that he wouldnt unconstipated have the stamina to re-offend in these type of crimes
4.I view in this case they should use the totality principle because the crimes are all similar in nature
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