Defence appeal from 14 month sentence (plus probation) imposed in relation to charges of indecent exposure and sexual assault. Crown sought 11 months jail. Trial judge did not give reasons for increasing the sentence beyond that sought by the Crown.
Held: Appeal allowed, 10 months jail plus probation imposed.
The imposition of a sentence higher than that sought by the Crown is not itself a reversible error … However, as noted by Slatter JA in Keough, 2012 ABCA 14, ” imposition of a sentence outside of the range proposed by the Crown may raise concerns”, and, there is a duty under 726.2 CC for the judge to provide sufficient reasons for the sentence imposed.
D. Bullerwell – Defence Counsel