What is the test for reasonable and fair-minded people to determine the appropriate punishment for an offence of sexual assault?
British Columbia, Canada
The following excerpt is from R. v. J.J.D., 2014 BCPC 412 (CanLII):
The expectation of reasonable and fair-minded people is that punishment will bear some direct proportionality to the moral culpability of the offence. Regina v. Sweeny (1992), 71 C.C.C. (BCCA) at 91.
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