2025 SCC 16 – R. v. J.W.

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Too much reading? We’ve got you. Check out our new Legal Audio Generator on our ⁠⁠⁠⁠⁠⁠website⁠⁠⁠⁠⁠⁠. Criminal law — Sentencing — Considerations (00:00:12) Summary (00:00:13) Facts and Procedural History (00:03:28) Held (00:08:52) Reasons for Judgment: Rowe J. (Wagner C.J. and Karakatsanis, Côté, Martin, Kasirer, Jamal, O’Bonsawin and Moreau JJ. concurring) (00:08:57) I. Overview – 1 (00:10:33) II. Factual Background – 4 (00:10:55) A. The Offences – 5 (00:12:26) B. Pre-Sentencing Procedural History – 10 (00:15:02) C. Background of the Offender – 18 (00:16:41) III. Proceedings Below – 22 (00:16:43) A. Reasons for Sentence, Ontario Superior Court of Justice, 2022 ONSC 2274 (Aitken J.) – 22 (00:21:43) B. Ontario Court of Appeal, 2023 ONCA 552 (Hourigan, Brown and Monahan JJ.A.) – 32 (00:23:04) IV. Issues – 35 (00:23:36) V. Analysis – 36 (00:24:26) A. The Sentencing Regime – 38 (00:24:45) (1) Section 718: The Purpose and Objectives of Sentencing – 39 (00:25:44) (2) Proportionality and Secondary Sentencing Principles – 41 (00:29:02) B. Standard of Review – 47 (00:33:19) C. Did the Sentencing Judge Err in Principle? – 53 (00:33:29) (1) Consideration of Treatment and Programming – 54 (00:39:40) (2) Application – 64 (00:46:11) D. Assessment of Enhanced Credit – 77 (00:46:22) (1) The Development of Enhanced Credit – 78 (00:51:53) (2) Whether Delay Caused by the Offender Constitutes “Wrongful Conduct” – 87 (00:59:37) (3) The Standard of Review – 100 (01:01:32) (4) Application – 106 (01:04:27) VI. Conclusion – 112

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2025 SCC 16 – R. v. J.W.

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