R v Wells[1] is a decision of the Supreme Court of Canada with respect to sentencing principles set out in s 718.2(e) of the Criminal Code, relating to Aboriginal offenders. The decision clarified the principles set out in the Court's earlier decision in R v Gladue.
The offender was attending a house party where he assaulted an 18-year-old girl while she was sleeping. The offender was convicted. At the sentencing hearing he asked for a conditional sentence, citing s 718.2(3) of the Criminal Code, which directs that sentencing courts should take the circumstances of Aboriginal offenders into account when considering whether to give a non-custodial sentence.[2] The trial judge agreed that the court must take into account the offender's Aboriginal heritage, but held that the sentence could not be served in the community since it would not provide sufficient denunciation and deterrence. The Alberta Court of Appeal upheld the sentence.[3]
Reasons of the CourtEdit
Justice Iacobucci for a unanimous court held that where the severity of the offence increases, the applicability of s. 718.2(e) decreases. For crimes of violence and where the offender is a substantial risk to the community, the offender should receive a sentence substantially similar to non-Aboriginal offenders.
wells, decision, supreme, court, canada, with, respect, sentencing, principles, criminal, code, relating, aboriginal, offenders, decision, clarified, principles, court, earlier, decision, gladue, supreme, court, canadahearing, february, 1991, judgment, 2000ful. R v Wells 1 is a decision of the Supreme Court of Canada with respect to sentencing principles set out in s 718 2 e of the Criminal Code relating to Aboriginal offenders The decision clarified the principles set out in the Court s earlier decision in R v Gladue R v WellsSupreme Court of CanadaHearing February 23 1991 Judgment May 27 2000Full case nameJames Warren Wells v Her Majesty The QueenCitations 2000 1 S C R 207RulingAppeal dismissedCourt membershipChief Justice Antonio LamerPuisne Justices Claire L Heureux Dube Charles Gonthier Beverley McLachlin Frank Iacobucci John C Major Michel Bastarache Ian Binnie Louise ArbourReasons givenUnanimous reasons byIacobucci J Contents 1 Background 2 Reasons of the Court 3 See also 4 ReferencesBackground EditThe offender was attending a house party where he assaulted an 18 year old girl while she was sleeping The offender was convicted At the sentencing hearing he asked for a conditional sentence citing s 718 2 3 of the Criminal Code which directs that sentencing courts should take the circumstances of Aboriginal offenders into account when considering whether to give a non custodial sentence 2 The trial judge agreed that the court must take into account the offender s Aboriginal heritage but held that the sentence could not be served in the community since it would not provide sufficient denunciation and deterrence The Alberta Court of Appeal upheld the sentence 3 Reasons of the Court EditJustice Iacobucci for a unanimous court held that where the severity of the offence increases the applicability of s 718 2 e decreases For crimes of violence and where the offender is a substantial risk to the community the offender should receive a sentence substantially similar to non Aboriginal offenders See also EditList of Supreme Court of Canada cases Lamer Court References Edit R v Wells 2000 1 SCR 207 Criminal Code RSC 1985 c C 46 s 718 2 e R v Wells 1998 ABCA 109 CanLII Retrieved from https en wikipedia org w index php title R v Wells amp oldid 687555235, wikipedia, wiki, book, books, library,
