Sentence Was Fit Then, But Is It Fit Now?
On occasion, appellate courts have reduced a sentence which was fit when imposed because of the significant progress the offender made while awaiting the hearing of the appeal. The offender is required to establish that he/she has taken something akin to “very unusual significant strides” or “ extraordinary rehabilitative efforts” since the original sentence was imposed, and -- typically -- that the sentencing objectives have been met by the offender’s extraordinary efforts. See O’Connell Blog, Reducing a Sentence because of the Progress the Offender has Made Awaiting Appeal (July 7, 2017). The exercise of this appellate discretion is exceptional. A s the Court of Appeal for Ontario noted in R. v. L.S ., 2017 ONCA 685, at para. 117, in most cases, positive steps taken by the appellant between sentencing and the hearing of an appeal are best dealt with by the correctional authorities. The appeal court cannot act as a de facto parole board, but must t...