Bob Tarantino outlines another case where the judge handed down an incredibly lenient sentence for an outrageous crime:
The maximum punishment which can be meted out for a conviction of aggravated sexual assault is a term of life imprisonment (see section 273 of the Criminal Code of Canada).
Cody Paul Lemay received a sentence from the trial judge of five years in prison.
Now what's fascinating about that punishment is how it was arrived at. It's an example of what I will dub the Moldaver Paradox (for reasons which will become apparent momentarily). As the British Columbia Court of Appeal noted, when the trial judge was reviewing other court cases for guidance on what constituted an appropriate sentence,
"he had difficulty understanding why some of them had not attracted longer sentences"
With the story so far? Confronted with a case of hideous violence (against a baby), the judge looks at what other judges are handing out as punishment — and he's bewildered to discover that the judgments he reads are lenient to the point of absurdity.
So what does he do?
He hands out an even shorter sentence.
Bob's summary is something that should be carved in the doorways of every courthouse in the land: "Our judiciary has the tools. They consciously, deliberately, inexplicably and consistently refuse to use them."
Posted by Nicholas at November 19, 2007 08:43 AM
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