Smith v The Queen [2010] VSCA 192 reaffirmed that a victim's forgiveness can be a relevant consideration in sentencing, but should be treated cautiously.Evidence of forgiveness by the victim may indicate that the consequences of the offence on the victim have not been long-term or debilitating, thereby affording some mitigation: R v Skura [2004] VSCA …

Continue reading Smith v The Queen [2010] VSCA 192; the impact of forgiveness on sentence