At trial client plead guilty to assaulting her spouse. Client’s then counsel and Crown made a “joint submission” for a Suspended Sentence and probation. Sentencing Judge declined to impose this sentence, and instead granted the client a Conditional Discharge, a lessor sentence. Crown appealed. Although the Appellate Court found that the Sentencing Judge erred in not asking for further submissions from counsel before rejecting the joint submission, it did not err in granting a discharge. Conditional Discharge upheld.
July 2, 2011