news

Summary

Lamer, Antonio and L'Heureux-Dubé, Claire and Gonthier, Charles Doherty and Iacobucci, Frank and Bastarache, Michel and Binnie, William Ian Corneil and McLachlin, Beverley and Major, John C (2000). R. v. Proulx, [2000] 1 S.C.R. 61, 2000 SCC 5 File No.: 26376. Supreme Court of Canada. Downloaded 25 January 2005.

Criminal law -- Sentencing -- Conditional sentences -- Accused pleading guilty to dangerous driving causing death and dangerous driving causing bodily harm and receiving sentence of 18 months of incarceration -- Whether Court of Appeal erred in substituting conditional custodial sentence for jail term -- Proper interpretation and application of conditional sentencing regime -- Distinction between conditional sentence of imprisonment and suspended sentence with probation -- Meaning of "safety of the community" -- Criminal Code, R.S.C., 1985, c. C-46 , ss. 742.1, 742.3. (excerpt)

Link: www.sfu.ca/crj/fulltext/rvproulx.pdf

5390