New & Notable: If at first you don't succeed...

Michael Madden was serving an intermittent sentence.  Madden, undeterred by this sentence, re-offended in relation to the same victim.  At sentencing the judge held that "specific deterrence was an overwhelming consideration".  Due to this consideration, De Filippis J jumped a joint position and rejected the apparent reliance on the guilty plea as sufficient mitigation to support the joint position. 

The Court of Appeal agreed - 2012 ONCA 247: "Saving the victim from having to testify was an important consideration but it could not justify the sentence that was proposed in this case" [para 1].