R. v. McGraw, 2011 ONCA 451, released today, is a useful current source for the law holding a trial judge ought to follow a joint submission on sentence unless contrary to public interest:
[5] The trial judge was bound to accept the joint submission unless the proposed sentence was contrary to the public interest and would bring the administration of justice into disrepute: see R. v. Dorsey, [1999] O.J. No. 2957, at para. 11 (C.A.). ...
2 comments:
Ah yes, I see its the court of appeal!
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