« Dénonciation et dissuasion » : différence entre les versions

{{CanLIIR|Ahmed|jk09l|2021 ONSC 6968 (CanLII)}}{{perONSC|Schreck J}}{{atL|jk09l|15}} ( {{Tr}}« As a general rule, the weight to be attached to the objectives of general deterrence and denunciation will increase as the gravity of the offence increases")<br>

{{CanLIIRP|Lacasse|gml9w|2015 CSC 64 (CanLII)|[2015] 3 RCS 1089}}{{perSCC|Wagner J}}{{atL|gml9w|73}} ( {{Tr}}« While it is true that the objectives of deterrence and denunciation apply in most cases, they are particularly relevant to offences that might be committed by ordinarily law‑abiding people. It is such people, more than chronic offenders, who will be sensitive to harsh sentences. ")<br>

{{CanLIIR|LR|jcnq0|2021 BCPC 7 (CanLII)}}{{perBCPC|Doulis J}} ( {{Tr}}« When the principles of denunciation and deterrence have priority, the sentencing judge’s focus is more on the offence than on the offender.")

{{CanLIIRP|Middleton|23l0l|2009 CSC 21 (CanLII)|[2009] 1 RCS 674}}{{perSCC-H|Fish J}}{{atL|23l0l|45}} ( {{Tr}}« Intermittent sentences strike a legislative balance between the denunciatory and deterrent functions of “real jail time” and the rehabilitative functions of preserving the offender’s employment, family relationships and responsibilities, and obligations to the community.")

{{CanLIIRP|CAM|1frb8|1996 CanLII 230 (CSC)|[1996] 1 RCS 500}}{{perSCC|Lamer CJ}} ( {{Tr}}« A sentence which expresses denunciation is simply the means by which these values are communicated.") et {{atsL-np|1frb8|81|}} ( {{Tr}}« The principle of denunciation "mandates that a sentence should communicate society's condemnation of that particular offender's conduct ... a sentence with a denunciatory element represents a symbolic, collective statement that the offender's conduct should be punished for encroaching on our society's basic code of values as enshrined within our substantive criminal law.")

{{supra1|CAM}}{{atL|1frb8|77}} ( {{Tr}}« It has been recognized by this Court that retribution is an accepted, and indeed important, principle of sentencing in our criminal law. ")

{{supra1|CAM}} (retribution "... properly reflects the moral culpability of the offender, having regard to the intentional risk-taking of the offender, the consequential harm caused by the offender, and the normative character of the offender’s conduct. Furthermore, unlike vengeance, retribution incorporates a principle of restraint; retribution requires the imposition of a just and appropriate punishment, nothing more")<br>

{{supra1|CAM}}{{atL|1frb8|81}} ( {{Tr}}« Retribution, as well, should be conceptually distinguished from its legitimate sibling, denunciation...")

{{supra1|Proulx}}{{atL|527c|102}} ( {{Tr}}« Incarceration will usually provide more denunciation than a conditional sentence, as a conditional sentence is generally a more lenient sentence than a jail term of equivalent duration. That said, a conditional sentence can still provide a significant amount of denunciation.  This is particularly so when onerous conditions are imposed and the duration of the conditional sentence is extended beyond the duration of the jail sentence that would ordinarily have been imposed in the circumstances.")<br>

{{CanLIIRP|Proulx|527c|2000 CSC 5 (CanLII)|[2000] 1 RCS 61}}{{perSCC|Lamer CJ}}{{atL|527c|107}} ( {{Tr}}« Incarceration, which is ordinarily a harsher sanction, may provide more deterrence than a conditional sentence")

{{supra1|Frost}} ( {{Tr}}« The question is whether a conditional sentence is capable of providing general deterrence. ...The answer is clearly no.")</ref>

{{CanLIIRP|BM|20swc|2008 ONCA 645 (CanLII)|81 WCB (2d) 410}}{{TheCourtONCA}}{{atL|20swc|11}} ( {{Tr}}« prior abusive conduct may … be relevant at the sentencing stage to show the character and background of the offender as it relates to the principles of sentencing:  ... . The background and character of the offender may be considered, for example, in order to assess the need for individual deterrence, rehabilitation, or the protection of the public. Such information is essential for crafting a sentence suitable for a particular offender.")<br>

{{CanLIIR|Flis|5f1r|2003 ABQB 44 (CanLII)|8 Alta LR (4th) 321}}{{perABQB|Greckol J}}{{atL|5f1r|36}} ( {{Tr}}« Such evidence may be admissible to help assess the danger to the community posed by the offender while serving his sentence in the community in terms of the risk of his failing to comply with court orders or re-offending")<br>

{{CanLIIRP|McGinn|g8f2g|1989 CanLII 4784 (SK CA)|49 CCC (3d) 137}}{{perSKCA|Cameron JA}}, (general deterrence is "punishment of the offender for what other might do")<br>

{{CanLIIRP|Frost|ftvn8|2012 NBCA 94 (CanLII)|1024 APR 305}}{{perNBCA|Quigg JA}} (3:0) ( {{Tr}}« these crimes are not committed out of desperation or the result of an addiction, crimes for which general deterrence would be of little effect")</ref>

{{ibid1|Frost}} ( {{Tr}}« cases such as this, where profit is the offender’s motivation, a significant penalty is generally a deterrent to others who might consider whether or not to undertake such criminal activity")</ref>

{{CanLIIRP|Thompson|jsl38|1983 CanLII 5099 (NS CA)|58 NSR (2d) 21 }}{{perNSCA|Hart JA}} ( {{Tr}}« In my opinion when there is a strong chance of complete rehabilitation of the young offender the suspension of sentence with the imposition of controls to bring about that rehabilitation is a suitable method of protecting the public. Although the general deterrence of a period of imprisonment does not appear on the surface of this arrangement it must always be remembered that it is there. The offender who chooses to avoid the controls chosen for his rehabilitation may very well end up in prison, and as long as the public is assured of this then all the proper elements of sentencing are there.")<!--- oddly, this quotation is cited in several decisions, but not found in the text-->