It’s so nice to be proven right so quickly. As my wife often reminds me, this is a rare event akin to a solar and lunar eclipse happening on the same day that the Leafs win the Stanley Cup but I’ll take it.
Less than a month after I ranked “Constitutional Challenges to the Tory Crime Agenda” as my number two prediction-to-watch for in my 2012 Crime & Punishment column, an Ontario Superior Court has launched the first salvo in the resurgent war against mandatory minimum sentences.
Justice Anne Malloy found Leroy Smickle guilty of possession of a loaded firearm but today refused to impose the mandatory minimum three-year sentence on the first offender saying that such a draconian term would amount to “cruel and unusual punishment” for such a “foolish act” in violation of the Charter.
Let the games — and the inevitable appeal — begin!