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Criminal - Sentencing - Denial of Guilt

. R. v. Pusparajah

In R. v. Pusparajah (Ont CA, 2026) the Ontario Court of Appeal considers continued denial of guilt as an aggravating sentencing factor (and otherwise):
[5] The appellant argues that the trial judge erred in principle by treating the appellant’s denial of guilt as an aggravating factor. The reasons for sentence are brief but contain four references to the fact that the appellant “adamantly denies culpability for the offences before the court.” This was expressly seen as a factor that increased the need for specific deterrence. The law is clear that individuals should not be punished more severely based on their denial of criminal responsibility: R. v. Valentini (1999), 1999 CanLII 1885 (ON CA), 43 O.R. (3d) 178 (C.A.), at para. 82; R. v. Shah, 2017 ONCA 872, at para. 8. The failure to take responsibility is not an aggravating factor, though it may mark the absence of a mitigating factor.

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Last modified: 29-10-26
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