Sentencing Outside the Range
Standard for Intervention on an Appeal From a Sentence Absent an error in principle, failure to consider a relevant factor, or an overemphasis of the appropriate factors, a court of appeal should only intervene to vary a sentence imposed at trial if the sentence is demonstrably unfit. Parliament explicitly vested sentencing judges with a discretion to determine the appropriate degree and kind of punishment under the Criminal Code . R. v. M. (C.A.) , [1996] 1 S.C.R. 500 at para. 90 Except where a sentencing judge makes an error of law or an error in principle that has an impact on the sentence, an appellate court may not vary the sentence unless it is demonstrably unfit. R. v. Lacasse , 2015 SCC 64, [2015] 3 S.C.R. 1089 at para 11. Sentencing Ranges Sentencing ranges are primarily guidelines, and not hard and fast rules: As a result, a deviation from a sentencing range is not synonymous with an error of law or an error in principle. R. v. Lacasse , at pa...