Principle that sentences must be proportionate to the gravity of the offence and the degree of responsibility of the offender

26. Likewise, this Court with regard to the principle of proportionality has also gone through a foreign judgment, reported as 2020 SCMR 765 (Supreme Court of Canada - Her Majesty the Queen vs. Justyn Kayle Napoleon Friesen), wherein it has been held that:

 “All sentencing started with the principle that sentences must be proportionate to the gravity of the offence and the degree of responsibility of the offender. Sentencing judges must also consider the principle of parity. Similar offenders who committed similar offences in similar circumstances should receive similar sentences. Parity was an expression of proportionality and gave meaning to proportionality in practice. A proportionate sentence for a given offender and offence could not be deduced from first principles; instead, judges calibrated the demands of proportionality by reference to the sentences imposed in other cases. Sentencing precedents reflected the range of factual situations in the world, embodied the collective experience and wisdom of the judiciary, and were the practical expression of both parity and proportionality.” 

 Part of judgment 

IN THE ISLAMABAD HIGH COURT, ISLAMABAD (JUDICIAL DEPARTMENT)

Rashid Minhas VS NAB
Criminal Appeal-196-2018 | -
Before:
Honourable Mr. Justice Fiaz Ahmad Anjum Jandran, Honourable Mr. Justice Mohsin Akhtar Kayani
Author:
Honourable Mr. Justice Mohsin Akhtar Kayani