Cases list

Title
S v Tabethe [2009] ZAGPHC 23

In the 2009 case of S v Tabethe ZAGPHC 23 the High Court of South Africa determined that although the offence was of a serious nature, sexual assault, restorative justice was an appropria

R v Jacko, 2010 ONCA 452

The appellant was convicted of robbery while armed with an offensive weapon in an aboriginal community.

R v Ipeelee, 2012 SCC 13

The appellant pleaded guilty to breaching a condition of his Long Term Supervision Order (LTSO). 

R v Gladue

Jamie Gladue 19-year-old Aboriginal woman stabbed & killed her partner during an argument in which he had taunted her with his infidelities.

R v Forrest [2016] ACTSC 321 (28 November 2016)

Accused arraigned on an indictment containing 37 counts, including, theft, property damage, burglary, aggravated burglary, dishonestly receiving stolen property, and, dishonestly taking and using

The seminal (Canadian) case recognising the place of restorative sentencing goals is R Gladue [1999] SC Canada [full citation, link]

Jamie Gladue 19-year-old Aboriginal woman stabbed & killed her partner during an argument in which he had taunted her with his infidelities.

Cory and Iacobucci JJ said in Gladue [para no]

  • the focus [of the new Canadian sentencing aims] is upon the restorative goals of repairing the harms suffered by individual victims and by the community as a whole, promoting a sense of responsibility and an acknowledgment of the harm caused on the part of the offender, and attempting to rehabilitate or heal the offender.
  • ‘restorative sentencing goals do not usually correlate with the use of prison as a sanction’