The second limb of the totality principle (crushing sentence) does not require that sentences be in the low to mid-range where the offender is elderly; the evaluation of whether a sentence is crushing is not answered by where in the discretionary range the sentence falls. An offence may be so serious that humanitarian considerations relating to advanced age and ill health cannot be accommodated. Medical evidence that does not address life expectancy is insufficient to establish that a sentence would destroy any reasonable expectation of a useful life after release.
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