Vigilante Violence & Sentencing
It is a well-established
principle of the criminal justice system that judges must strive to impose a
sentence tailored to the individual case; this, among other things, includes considering the personal
circumstances of the offender.
Violent actions against
an offender for his or her role in the commission of an offence — whether by a
fellow inmate, or by a vigilante group — necessarily form part of the personal
circumstances of that offender and should therefore be taken into account when
determining an appropriate sentence.
However,
for policy reasons, a sentencing court should only consider this particular
collateral consequence to a limited extent:
giving too much weight to vigilante violence at sentencing allows this
kind of criminal conduct to gain undue legitimacy in the judicial process.
R.
v. Suter, [2018] 2 SCR 496, 2018 SCC 34
(CanLII), at paras. 53, 58.
Stuart
O’Connell, O’Connell Law Group (All rights reserved to author).
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