R V Onalik Case Study

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2. What is the difference between a'smar Aggravating Factors Several aggravating factors exist in the case of R v. Onalik, most of which stem from the actions of the offender, Daniel Onalik, both during and after the violent assault on the offender on the night of May 11th, 2022. Firstly, the offender in the case was his uncle, with whom Onalik had gotten into a fight while both men were under the influence of alcohol. Since the victim was his uncle, he would be a person in his life in a position of power and authority. Additionally, Onalik provided no degree of assistance after he had smashed his uncle’s head against the floor multiple times, telling police that “he got what he deserved.” Therefore, since the offender committed an offense …show more content…

Onalik, which would be section 718(c) of the Criminal Code of Canada, to remove offenders from their community. In the case of R. v. Onalik, the criminal action occurred in the small community of Hopedale, Newfoundland and Labrador, one of the many smaller communities and towns in the province that would be closely knit where everyone knows everyone. According to 2016-2017 Census data from Statistics Canada, the population of Hopedale was 574 (Government of Canada, 2017). Therefore, the chances of Daniel Onalik being able to show his face in his hometown without suffering backlash or abuse from community members would be slim to none. Yet, it is worth noting that the accused requested the Crown to hold the hearing in his hometown. Onalik wanted to have the sentencing heard in his home community because he wanted to have the voices of his community members included in the judicial proceedings. Likewise, the trial of Daniel Onalik shared similarities to the 2015 case of Dennis Oland, particularly the community aspect of the case. “[In] the Dennis Oland case, [the case] had a jury panel of more than 5,000 people [,] a group so large they had to assemble in a Saint John hockey rink, making it the largest jury array in Canadian history” (O’Regan & Reid, 2022, p.175). Therefore, because of the sizeable jury array, people from Oland’s home community of Rothsay, a town about 17 kilometers (about 10.56 mi) west of Saint John, were able to have their say in the case, as the jury decided that Oland was not guilty of killing his father, Richard

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