Wednesday, November 26, 2008

Variation of conditional sentences

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:

Unknown said...

Can the trial judge change the length of the conditional sentence?