I think so. The test is different, Mr. Caputo. The point of proposed section 718.4 is to provide the courts with a mechanism by which they can depart from the imposition of a mandatory minimum penalty in very circumscribed circumstances in a case where—based on the facts in that particular case, the seriousness of the offence and the degree of the responsibility of the offender and other sentencing principles—the imposition of the MMP would, in that case, to use the language of the court, outrage society's sense of decency.
