AuthorHy Bloom, Richard D Schneider
chapter ten
A just sentence must f‌it the offender as well as the offence. “The determ in-
ation of a just and appropriate sentence is a delicate art which attempts to
balance carefully t he societal goals of sentencing agai nst the moral blame-
worthiness of the offender and the ci rcumstances of the offence, while at
all times tak ing into account the needs and current conditions of and in the
It is assumed that people understand that rehabilitat ion and supervision
are more important than punish ment when sentencing the mentally i ll.2 Re-
habilitation is crucial to t he protection of the public as it aids the prevention
of reoffendi ng.3 By treating the root cause of the cr iminality t he probability
of reoffendi ng is reduced.
Mental disorder may have been operative in the commission of the of-
fence, but not to an extent suff‌icient to have an impact upon the verdict, or
the accused may have quite rationally elected not to raise t he issue during
the course of the trial not withstanding the potential success of the defence.
The court must nevert heless take into consideration evidence of mental
disorder during the sentencing process.
Generally, mental disorder is seen as a factor in mitigation for the following
1 R v CAM, [1996] 1 SCR 500 at para 91, La mer CJC.
2 R v Edmunds, [2012] NJ No 177 (CA) [Edmunds].
3 R v Branton, [2012] NJ No 474 (Prov Ct) [Branton].

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT