Ontario Appeal decision deals with principles of deterrence, denunciation, restraint

By John L. Hill (October 27, 2022, 8:58 AM EDT) -- On the surface, the recently decided case of R.v. Francis 2022 ONCA 729 may seem like a standard appeal where the contentious issues of search incident to arrest and the accused’s right to be informed of his rights upon detention or arrest would be the significant topics. But it is how the Ontario Court of Appeal dealt with the application of the sentencing principles of general deterrence and denunciation and the additional factor of the principle of restraint that gives significance to the case....
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