Denunciation, Deterrence, and Death

Bench Press 37-4: Denunciation, Deterrence, and Death

The British Columbia Court of Appeal recently almost doubled the sentence of a man convicted of possession of child pornography and sexual assault from 3 years and 3 months to 6 years. The Court wrote

“…the sentence imposed on Mr. Allen ought to have communicated society’s condemnation of his conduct…the reasons for sentence did not fully state the seriousness of Mr. Allen’s conduct, nor did the global sentence of three and one-half years imprisonment adequately denounce that conduct.”

Before this judgment was released, the Court of Appeal learned that Mr. Allen had died. Nevertheless, the Court gave its judgment increasing the man’s sentence, stating that it was in the interests of justice to do so.

R. v. Allen, 2012 BCCA 377 (CanLII)


Teresa Mitchell
Teresa Mitchell
Teresa Mitchell is the Acting Editor and Legal Writer for LawNow Magazine at the Centre for Public Legal Education Alberta.

A Publication of CPLEA

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