PO210 Lecture 12: Lecture 12
Document Summary
Man sexually assaulting a woman in a toronto apartment. Had to prove he was in such a drunken state from the date rape drugs that he could not have intended to sexually assault her. He was found on top of her as she was waking up from a drunk sleep. When a court looks at sentencing they have ot consider three factors: the offender, the complainant or victim, society as a whole. Idea of cruel punishment gets brought up (s. 12 of charter: every person has the right not to be subject to any cruel or unusual punishment, r v zolt (scc charter decision) for s. 12. Test is that is has to be grossly inappropriate to the crime that has been committed. 315 of textbook: sets out 6 principle s, denunciation. If charge is not harsh or extreme probably 2 years and under in correctional facility.
