What is the test for assessing the harm caused by a crime?
Ontario, Canada
The following excerpt is from R. v. Gabriel, 1999 CanLII 15050 (ON SC):
Assessment of the harm caused by a crime has long been an important concern of the law of sentencing and evidence of specific harm relates to assessment of an offender’s moral culpability and blameworthiness: Payne v. Tennessee, 501 U.S. 808 (1991) at 2605-6, 2608 per Rehnquist C J.
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