Judges are not limited by submissions of the Crown in sentencing. That said, as the Court of Appeal notes today in R. v. Menary, 2012 ONCA 706 'jumping' a sentence is only done following procedural steps:
 However, we do agree that the sentencing judge erred by 'jumping' the Crown's position on sentence (60 to 90 days' imprisonment) without regard to the fact that the appellant's longest prior custodial sentence in more than 10 years prior to these offences was approximately 50 days. In so doing, contrary to the submissions of both Crown and defence counsel, the sentencing judge imposed a significant term of imprisonment for the assault (18 months) without first informing counsel of his concerns regarding the range of sentence proposed by them and affording them the opportunity to make submissions. See R. v. Hagen,  ONCA 749. This occurred in a context where the appellant was represented by duty counsel who provided only limited information to the court regarding the appellant's circumstances, and the sentencing judge failed to afford the appellant an opportunity to make any comments prior to sentencing, contrary to s. 726 of the Criminal Code.