The jury members did apparently think that the 10-year minimum sentence was excessive, and it is conceivable that they would have preferred to find Mr. Latimer not guilty if they had thought they had that option. The Supreme Court dismissed these arguments, saying that a trial judge actually has a duty to try to prevent the jury from coming to a decision that nullifies the proven facts and the law. Having dismissed Robert Latimer s appeal against his conviction of second degree murder, the Supreme Court then turned to his appeal of the mandatory minimum sentence for such a conviction, and his argument that going to prison for at least 10 years is cruel and unusual punishment , contrary to section 12 of the Charter . The defence lawyers had not asked the Court to strike down the mandatory minimum sentence as unconstitutional, but to grant Mr. Latimer a constitutional exemption based on the circumstances of this particular case and his individual right to be protected from cruel and unusual punishment. Another way of putting it is to ask whether the punishment is grossly disproportionate to what the crime actually deserves.
Several factors have to be considered in making such an assessment.
The first is the gravity of the offence . Because Mr. Latimer's actions resulted in the most serious of all possible consequences, namely, the death of the victim, Tracy Latimer , the Court attached to his crime the most serious level of moral blameworthiness . Furthermore, the Court took into consideration Mr. Latimer's initial attempts to conceal his actions, his lack of remorse, his position of trust, the significant degree of planning and premeditation, and Tracy's extreme vulnerability . Balanced against those factors, according to the Supreme Court, were Mr. Latimer's good character and standing in the community, his tortured anxiety about Tracy's well-being, and his laudable perseverance as a caring and involved parent . In spite of those generous tributes, the Court had to conclude that, Considered together we cannot find that the personal characteristics and particular circumstances of this case displace the serious gravity of this offence .