Ontario appeals ruling that declared mandatory minimum sentence unconstitutional

Posted: February 27, 2012 in News
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An Ontario judge was wrong to declare a mandatory minimum sentence unconstitutional and “cruel and unusual punishment,” the province writes in starting an appeal of the ruling.

Superior Court Judge Anne Molloy struck down a three-year minimum sentence for a first offence of illegally possessing a loaded gun earlier this month, running directly contrary to the position Ottawa is taking with sentencing.

In the case before her, Molloy ruled that a three-year sentence would be “fundamentally unfair, outrageous, abhorrent and intolerable.” Toronto man Leroy Smickle was taking pictures of himself for his Facebook account posing with a loaded gun when police burst into an apartment looking for someone else.

The Ontario government has filed a notice of appeal with the Court of Appeal for Ontario, asking it to overturn Molloy’s ruling.

 

Read More >> Ontario appeals ruling that declared mandatory minimum sentence unconstitutional – Yahoo! News.

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