The fine was «
demonstrably unfit».
«To have imposed a sentence of less than six months» imprisonment would have involved reducing the sentence... [in such a way that it] would have resulted in
a demonstrably unfit sentence for a «significant sexual assault» involving anal penetration» the Court held.
Ultimately, except where sentencing judges make an error of law or an error in principle that has an impact on the sentence, appellate courts may not vary sentence unless
demonstrably unfit.
The underlying complaint, strenuously and consistently urged, is that New York's screening system focuses impermissibly on the political activities and viewpoints of Bar applicants, that the scheme thereby operates to inhibit the exercise of protected expressive and associational freedoms by law students and others, and that this chilling effect is not justified as the necessary impact of a system designed to winnow out those applicants
demonstrably unfit to practice law.
This allows for appellate review for error in principle and for whether the sentence is
demonstrably unfit or manifestly wrong.
The sentence is not
demonstrably unfit, nor is there any reversible error warranting our intervention.
Writing for the majority, Justices McDonald and Bielby held that Judge Paul had indeed so erred and that the three - month sentence was thus
demonstrably unfit (at para 28).
Indeed, a court of appeal may disturb a sentence only where: 1) the sentence reflects an error of principle; or 2) the sentence is
demonstrably unfit (see R v Cowan, 2012 ABCA 199 (CanLII) at para 14).
MacDonald says the court was pretty stringent in its message that a $ 200,000 fine was «
demonstrably unfit.»
«Projections of future climate and weather events rely on models
demonstrably unfit for the purpose,» the scientists wrote.
Projections of future climate and weather events rely on models
demonstrably unfit for the purpose.
Projections of future climate and weather events rely on models
demonstrably unfit for the purpose.