Thursday, June 7, 2012

A joint sentencing submission should not be departed from unless it is contrary to the public interest and would bring the administration of justice into disrepute

R. v. Lazo, 2012 ONCA 389 has a useful statement about joint submissions as to sentence especially in drug cases:

[8]          A joint submission should not be departed from unless it is contrary to the public interest and would bring the administration of justice into disrepute: see R. v. Cerasuolo (2001), 151 C.C.C. (3d) 445 (Ont. C.A.), at para. 8.  This is a high threshold.  Successful treatment of addiction is the best means of addressing drug crime. The public interest is served by diverting individuals in the appellant's situation into drug treatment programs that address the addictions which fuel their criminal activity. 

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