The Law of Sentencing

Leslie H. Morley is a practising lawyer with a special interest in
immigration and family law.

Sentencing has been defined as the process of determining the
appropriate response to a violation of society’s criminal laws. The
courts have held that sentencing is “the critical stage of the
criminal justice system,” and have referred to it as a “very
difficult art.” It is therefore curious that we have so few
comprehensive academic texts on the subject.

That deficiency is addressed in this well-researched and wide-ranging
book. Written for judges, lawyers, and students, it contains chapters on
the justifications for punishment; the methodology, substantive
principles, and rules of sentencing; the role of aggravating and
mitigating factors; the sentencing hearing; sentencing options; the
special rules for murder and manslaughter; preventative detention;
sentence appeals; and the future of sentencing. Throughout Manson
demonstrates his obvious command of the subject matter by quoting
liberally from the Criminal Code, case law, and Canadian, British, and
American commentary.

There is a good deal of valuable advice for practitioners here. They
should, for instance, take care when developing conditional sentences to
remember the needs of the individual, and craft conditions that are
realistic, practicable, and generally punitive. Judges should be clear
on how sentences are calculated and avoid the “risk prevention
bandwagon.” Although Manson’s approach is primarily informative and
instructive, he expresses views on the propriety of particular
sentencing approaches. He believes, for instance, that mandatory minimum
sentences are unfair, and that constitutional exemptions to their use
are appropriate. He disagrees with the current trend to limit judicial
discretion at either the trial or the appellate level. Although
passionate, Manson is not polemical.

If there is a criticism of this book, it is that the wealth of
information within cannot be accessed as effectively as it could be. A
detailed table of contents and of cases is not supplemented by a
comprehensive index, which might have allowed access by keyword, thereby
revealing currents and eddies in the text that are otherwise invisible.