A sentencing judge must give considerable weight to a joint submission

While in Canada the judge is not bound by sentencing submissions, the caselaw is clear those submissions ought to be given considerable weight: R. v. Hagen, 2011 ONCA 749. This week’s decision in R. v. Gruden, 2011 ONCA 762 is a good example of how ignoring a joint submission can lead to a reversal on appeal:

[1] The 12 month sentence imposed by the trial judge increased the joint submission at trial twelve fold. In doing so the trial judge in our view overemphasized the fact of the dangerousness of the drug involved.

[2] He also gave too short shrift to the lack of severity of the crime itself, particularly its very low level of sophistication, and the very unfortunate circumstances and background of the offender.