The sentencing judge found, accurately in my view, that the vigilante violence skilled by Mr. Suter could possibly be thought-about — to a restricted extent — when crafting an appropriate sentence. This error also contributed to the 26-month custodial sentence it imposed. The Court of Appeal of Alberta found that the sentencing choose made a quantity of errors in his choice, and that these errors in combination resulted in an unfit sentence. At the sentencing listening to, defence counsel sought a non-custodial sentence — both a fantastic or a fine and probation. Crown counsel, however, sought the imposition of a three-year custodial sentence.
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An alternative to reply contains submitting written arguments, addressing the difficulty orally, or both (para. 59). The sentencing judge made no error in precept in his analysis of S’s mistake of law. A mistake of law doesn’t require an offender to make certain as to the lawfulness of their conduct. Such a narrow construction is antithetical to the contextual and individualized nature of sentencing. Mistake of law is a versatile idea broad sufficient to incorporate some confusion or uncertainty in regards to the law.