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''R v Morrisey'', () 2 S.C.R. 90 is a leading Supreme Court of Canada decision on the right to be free of cruel and unusual punishment under section 12 of the ''Canadian Charter of Rights and Freedoms''. The Court held that there can be exemptions for mandatory prison sentences where the sentence is unreasonable or has an effect upon the accused that may be considered harsh. ==Background== Marty Morrisey, a 36-year-old from Belmont, Nova Scotia, was drinking with two friends in a cabin. Morrisey and his friend Adrian Teed sawed the barrel off a shotgun. Morrisey told Teed the gun was for the purpose of committing a robbery when in fact he was intending to kill himself due to recent relationship problems. Morrisey drove the third bud home, and when he returned to the cabin Teed was sleeping in a bunk bed. Morrisey leapt onto the bunk bed while holding the loaded shotgun. He subsequently fell off the bed, likely due to his intoxication, and the gun accidentally discharged, fatally wounding Teed. Morrisey was charged with criminal negligence causing death under section 220(a) of the ''Criminal Code''. At trial the judge found that the mandatory four-year sentence required under section 220(a) violated section 12 of the ''Charter''. Instead, Morrisey was sentenced to two years including the time he spent in pre-trial custody. The Court of Appeal overturned the ruling. The question before the Court was whether section 12 was violated and if so, was it justified under section 1. The Supreme Court upheld the ruling of the Court of Appeal and found there to be no violation, but the Court allowed the time in pre-trial custody to be included in the sentence. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「R v Morrisey」の詳細全文を読む スポンサード リンク
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