Friday, September 28, 2012

Joint submissions on sentence

R. v. Milijanovic, 2012 ONCA 647 is a useful source for the principle that a court may reject a joint submission but not because it is close to inappropriate:

[1]          We agree with the appellant that the trial judge erred in principle when he rejected the joint submission on the sentence. The trial judge stated that the proposed sentence was "getting close to being a joint submission that the court would reject as being contrary to the public interest" and then imposed additional term, namely, an additional year driving prohibition and community service.

1 comment:

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