A sentencing judge or justice on a joint submission following a guilty plea is not bound to accept the joint submission. The joint submission is to be considered carefully but need not be followed if the sentence proposed is not fit.
This point is illustrated by this week's decision in R. v. Duguay, 2009 ONCA 23 where the Court of Appeal says:
[1] We are not persuaded that the trial judge erred in rejecting the joint submission and imposing the sentence he did. The offences were serious. They involved the exploitation of young teenage girls and we agree with the Alberta Court of Appeal in R. v. Tang [1997] A.J. No. 460 that "capitalizing on the sale of children's sexual services is no less reprehensible than other forms of serious child abuse". The sentence imposed by the trial judge gave greater weight to the principles of denunciation and deterrence in a considered and measured fashion.
James Morton
1100 - 5255 Yonge Street
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