Mandatory Minimum Sentencing Is Cruel And Unusual Punishment

Introduction The mandatory sentence of two years’ imprisonment is unconstitutional because it is â€Å"cruel and unusual punishment† which infringes upon the accused’s right not to be subjected to such treatment. Firstly, it is determined that the mandatory minimum sentence in this case is grossly disproportionate to the accused’s circumstances and would be reasonably foreseeable that the provision would have the same overreaching effect on other offenders. Secondly, the provision in question in the Controlled Drugs and Substances Act is not saved by section 1 of the Charter as it has failed the prescribed Oakes test. The test gives weight to the law’s objective in comparison to the means of achieving it, which in this case, impaired too heavily on the right of the accused. Mandatory minimum sentencing is â€Å"cruel and unusual punishment† The constitutional right in question reads from section 12 of the Canadian Charter of Rights and Freedoms which states, â€Å"everyone has the right not to be subjected to any cruel and unusual treatment or punishment†. In order to begin considering the legality of the mandatory minimum sentence stated in Section 5(3)(a)(ii)(A) of the CDSA, the court must first consider the definition of â€Å"cruel and unusual punishment† and apply the Oakes test to determine if the provision can be saved. The meaning of â€Å"cruel and unusual punishment† as defined in R v Smith, is when it is too severe or excessive for the specific crime or where there are specificShow MoreRelatedThe War On Drugs And Mandatory Minimum Sentencing Laws1468 Words   |  6 Pagesfree while so many non-violent offenders are locked up? 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