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 In this case a MMS precluded the Judge from considering the facts of the case, the accused’s background, the suitability of penitentiary conditions and the fact the accused had already served 18 months of house arrest. “Mandatory minimum sentences actually prohibit judges from doing the job they are tasked with, Clark said. Empirically, mandatory sentencing costs the taxpayer massively, “with no corresponding gain in public safety. Mandatory minimum sentences give an unfair advantage to the Crown by making it more likely for the accused to plead guilty to a lesser offence for fear of risking a long prison sentence,”

Source: Manitoba judge defying mandatory minimum sentence keeps debate raging

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