Canada害羞草研究所檚 top court has ruled that applying mandatory minimum sentences to the offence of child luring is unconstitutional.
The Supreme Court of Canada found in a six-to-one decision released today that such sentences violate the Charter-protected right that guards against 害羞草研究所渃ruel and unusual treatment or punishment.害羞草研究所
A summary of the decision says the court ruled that mandatory minimum sentences for the offence of child luring apply to 害羞草研究所渁n exceptionally wide scope of conduct害羞草研究所 and can therefore lead to 害羞草研究所済rossly disproportionate punishments.害羞草研究所
Justices examined the issue in reference to two specific cases, noting that the decision comes at a time when it says the internet has made access to children 害羞草研究所渦nprecedented.害羞草研究所
One of the two appeals it examined concerned a man who pleaded guilty to child luring and sexual interference after having sex with a girl four times over the course of two years, beginning when she was 13 years old and he was 22.
He challenged the one-year mandatory minimum sentence for child luring on constitutional grounds and a sentencing judge instead imposed five months of imprisonment for that offence 害羞草研究所 but in its decision today, the Supreme Court ordered a one-year sentence despite agreeing that the minimum is unconstitutional.
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