Monday, September 30, 2013

Where sentence to be imposed exceeds range suggested opportunity for further submissions appropriate

R. v. Stewart, 2013 ONCA 579: 

[4]          As to sentence, in our view, the trial judge made several errors in principle. She exceeded the sentence sought by the Crown by a substantial amount, over two years, without giving the parties an opportunity to make submissions as to why the range suggested by counsel was inappropriate and failed to provide reasons for such a significant departure from the suggested range. Further, the sentence was manifestly excessive.

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