Law Society of Ontario (LSO) Paralegal Practice Exam

The principle of restraint in sentencing is fundamentally about ensuring that sanctions imposed on offenders are appropriate and do not impose unnecessary hardships. This principle leads courts to impose the least restrictive sentence that is reasonable and proportional to the offence and the offender's circumstances. It emphasizes the importance of rehabilitating the offender while still holding them accountable for their actions.

By focusing on the least restrictive sentence that can still meet the objectives of the law, this approach acknowledges the potential for rehabilitation and avoids excessively punitive measures, particularly in cases where lighter sentences may adequately serve justice. This principle aims to balance the punitive aspects of sentencing with the overarching goal of reintegrating offenders into society.

In contrast, the types of evidence presented, the likelihood of rehabilitation, and public opinion may be relevant to a broader understanding of the criminal justice system but do not directly relate to the principle of restraint in determining the nature and severity of the sanctions imposed on an offender.