Monday, May 5, 2014

Sentencing judge bound by finding from jury

R. v. Boughan, 2014 ONCA 360:

[6]          A sentencing judge is bound by the express and implied factual findings in a jury verdict. Where the factual basis is ambiguous, however, the sentencing judge is entitled to arrive at her own independent determination of the relevant facts: Criminal Code, s. 724(2); R v. Brown (1991), 53 C.C.C. (3d) 521 (S.C.C.).  Here, that is what the trial judge did and we see no basis for interfering with those findings.

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