Sentencing

R. v. Solowan, 2008 SCC 62
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(Criminal law / sentencing / hybrid offence)
The trial judge sentenced the accused to 15 months’ imprisonment after guilty please for three offences, including two hybrid offences upon which the Crown had elected to proceed summarily. The accused appealed and argued that the trial judge had erred in imposing the maximum custodial sentence of six months for each offence without first finding that “he was the worst offender who had committed the worst offence”. The Supreme Court of Canada upheld the ruling of the Court of Appeal which found the global sentence to be excessive and reduced it from 15 to 12 months.
Majority/Dissent: 7/0
 

R. v. L.M., 2008 SCC 31
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(Criminal law / Sentencing)
The accused was convicted of sexually assaulting his daughter and of making, distributing and possessing child pornography.  The trial judge imposed the maximum sentence for sexual assault and a consecutive five years for the other charges.  Because of the offender's record, he was also found to be a long-term offender.  The Court upheld the sentence, finding that it was not demonstrably unfit.
Majority/Dissent: 8/1

R. v. D.B., 2008 SCC 25
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(Constitutional law / Charter / Youth Criminal Justice Act)
After pleading guilty to manslaughter, the Crown opposed efforts to have DB sentenced as a minor.  DB challenged the constitutionality of the Youth Criminal Justice Act which made manslaughter a "presumptive offence" for which an adult sentence would be imposed unless the offender convinces the court that an adult sentence should not be imposed.  The Court found that this reverse onus violated section 7 of the Charter, and allowed the trial judge's youth sentence to stand.
Majority/Dissent: 5/4

R. v. McIvor, 2008 SCC 11
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(Criminal law / Conditional sentence / Breach of condition)
The Crown applied to have M. serve the unexpired part of her conditional sentence in custody, after she was allegedly found in breach of her sentence conditions in a motor vehicle accident.  The Crown's application did not, however, include any signed statements of witnesses who had knowledge of the material facts as required by law.  The Court dismissed the Crown's application, finding that a signed witness statement was necessary to assure a minimum level of reliability.
Majority/Concurring: 7/0