Ace the Ontario Barrister and Solicitor Exam 2025 – Unleash Your Legal Superpowers!

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What does the "principle of proportionality" in sentencing require?

That sentences be standard across all offenses

That sentences be proportionate to the gravity of the offense and the offender’s responsibility

The principle of proportionality in sentencing requires that sentences be proportionate to the gravity of the offense and the offender's responsibility. This means that the severity of the punishment should correspond appropriately to the seriousness of the crime and the individual’s culpability. For example, more serious offenses typically warrant harsher penalties, reflecting the increased harm caused or the greater moral blameworthiness of the offender. This principle aims to ensure fairness and justice within the legal system by preventing excessively harsh penalties for minor offenses or overly lenient sentences for serious crimes.

In this context, standardization of sentences across all offenses does not align with the nuances identified by the principle of proportionality, as different offenses merit different responses based on their specific circumstances. Similarly, while first-time offenders may indeed receive more lenient sentences in some cases, this consideration does not encompass the broader requirement for proportionality focused on the offense's gravity. Finally, sentencing determined purely by the jury’s opinion is not consistent with the principle of proportionality, which emphasizes objective criteria rather than subjective judgment, ensuring that sentences are rooted in legal standards rather than personal opinion.

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That shorter sentences be given to first-time offenders

That sentencing must be determined by the jury's opinion

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