IN THE SUPREME COURT OF NOVA SCOTIA
Citation: R. v. R.D. H., 2005 NSSC 34
Date: 20050209
Docket: CRSBW 230908
Registry: Bridgewater
Between:
Her Majesty the Queen
Respondent
v.
R. D. H.
Appellant
LIBRARY HEADING
Judge: The Honourable Justice Gerald R. P. Moir
Heard: 23 November 2004 (Written Submission Received 5 January 2005)
Subject: Sentence Appeal; Conditional Sentence, Joint Recommendation Refused.
Summary: Crown and defence jointly recommended a conditional sentence as part of a plea bargain. Judge gave a jail term.
Issues: Whether Judge ought to have given parties notice he was considering rejection? Whether recommended sentence is fit.
Result: Appeal allowed. In light of R. v. MacIvor, the Judge ought to have given notice. Also, the recommended sentence was fit.
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