Who has jurisdiction to vary the terms of a conditional sentence? The trial court or the Court of Appeal?
Both do but the trial court is generally more appropriate. See R. v. Barrett, 2008 NLCA 50 (CanLII):
[9] The Court of Appeal and the trial court have concurrent jurisdiction to hear an application to vary a condition of a conditional sentence ... . The general rule is that such an application should be made in the trial court. ...
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
1 comment:
Can the trial judge change the length of the conditional sentence?
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