NOVA SCOTIA COURT OF APPEAL
Citation: R. v. G.P., 2004 NSCA 154
Docket: CAC 204237
Registry: Halifax
Between:
G.P.
Appellant
v.
Her Majesty the Queen
Respondent
Restriction on Publication: pursuant to s. 486(3) of the Criminal Code
Judge: The Honourable Justice Nancy Bateman
Appeal Heard: November 18, 2004
Subject: Sentencing - Joint Submission
Summary: The appellant appeals from the judge’s refusal to accept the sentence jointly submitted by counsel after extensive negotiations on sentence. While not clearly stating so, it is reasonable to infer that the judge was concerned that the sentence was not fit. The judge imposed a substantially more onerous sentence without advising counsel that he was considering departing from the joint submission and providing them with an opportunity to make further submissions in support of the proposal. The Crown concedes that the judge erred in not affording this opportunity.
Issue: What sentence should be imposed? (s.687 Criminal Code)
Result: Appeal allowed. The Appeal Court entertained the further submissions of counsel in support of the proposed sentence that would have been provided at the sentencing hearing. It appeared that there were important and legitimate considerations which influenced the joint recommendation including potential problems of proof at trial. Joint submission imposed.
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