«While I consider a three year penalty to be excessive and disproportionate for Mr. Lewis, I am not prepared to find that it is so at a level that would be grossly disproportionate and / or would
outrage standards of decency.
«The criterion which must be applied in order to determine whether a punishment is cruel and unusual within the meaning of s. 12 of the Charter is, to use the words of Laskin C.J. in Miller and Cockriell, supra, at p. 688, «whether the punishment prescribed is so excessive as to
outrage standards of decency.»
The cuts potentially jeopardized the health and safety of innocent and vulnerable children in a manner that shocked the conscience and
outraged standards of decency.
Not exact matches
In Lord Simon's opinion, such an interpretation was borne out by the purpose
of the legal rule, ie «that reasonable people may venture out in public without the risk
of outrage to certain minimum accepted
standards of decency».
Moreover, the purpose
of the requirement that the act be
of such a kind that it
outraged public
decency went to setting a
standard which the jury had to judge by reference to contemporary
standards; it did not require that someone saw the act and was
outraged.