Sentencing Factors Relating to the Offender: Difference between revisions
m Text replacement - "\)\| \([0-9]{4}\), ([0-9]+) CCC " to ")|$1 CCC " |
m Text replacement - "\{CanLIIR\|([^\|]+)\|(\w+)\|([0-9]+ [a-zA-Z]+ [0-9]+ \(CanLII\))\|([^\}]+)\}" to "{CanLIIRP|$1|$2|$3|$4}" |
||
| Line 165: | Line 165: | ||
; Mistake of Law | ; Mistake of Law | ||
While not strictly a defence at trial, a mistake of law can be medicating for sentence. Where the accused honestly but mistakenly believe in the lawfulness of their actions they are therefore less morally blameworthy.<ref> | While not strictly a defence at trial, a mistake of law can be medicating for sentence. Where the accused honestly but mistakenly believe in the lawfulness of their actions they are therefore less morally blameworthy.<ref> | ||
{{ | {{CanLIIRP|Suter|hsrl|2018 SCC 34 (CanLII)|[2018] 2 SCR 496}}{{atL|hsrlt|64}} ("This is because offenders who honestly but mistakenly believe in the lawfulness of their actions are less morally blameworthy than offenders who — in committing the same offence — are unsure about the lawfulness of their actions, or know that their actions are unlawful.")<br> | ||
</ref> | </ref> | ||