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Court accepted a joint sentencing submission for manslaughter and offering indignity to a body, imposed consecutive prison terms, and added mandatory lifetime orders.
The appeal is dismissed as moot because the underlying allegations were investigated and resolved through a plea agreement, criminal charges, convictions and sentences that are final; there is no further legal avenue for the Minister to investigate and any order would have no practical effect, so the Court exercises its discretion not to hear the appeal.
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Sentence reasons in an aggravated assault case where the court accepted a joint submission, imposed three years’ imprisonment, and ordered DNA and firearm prohibitions.
Appeal dismissed: the court upheld the refusal to let the appellant withdraw guilty pleas entered under a plea agreement tied to a 15-year joint submission and a s. 752.1 assessment report.
The court accepted a joint sentence of five years and eight months for Stevenson’s guilty plea to fraud arising from a Ponzi scheme, with DNA orders and no restitution.
The extradition judge's committal was upheld (no abuse of process) but the Minister's surrender order was set aside and remitted because the Minister failed to consider the plea agreement and the unusual facts when conducting the Cotroni assessment, rendering the surrender decision unreasonable and requiring reconsideration.
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The court sentenced Inderjit Singh Reyat to 9 years for perjury arising from the Air India trial, crediting 17 months for pre-trial custody.
Where a sentence is the product of a joint submission accepted by the court and is a fit sentence, the Court will not reduce that sentence to avoid immigration or deportation consequences; therefore the 40-month joint submission sentence must be upheld and the requested 16-month reduction denied.
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The court accepted the joint recommendation as within the acceptable range after applying s.744 criteria to offender character, nature and circumstances of the offences; imposed life imprisonment for second degree murder with 18 years parole ineligibility and a concurrent 16-year term for manslaughter; ancillary orders for DNA sampling and lifetime weapons prohibition were appropriate and the victim surcharge was waived due to unemployment.
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Where a plea and joint submission are premised on the offender receiving treatment, the sentencing judge had a duty to inquire into availability of suitable programs; because the record was insufficient and fresh evidence established immediate availability of a residential treatment program, the appeal was allowed and the sentence was varied to 9 months with modified probation requiring participation in the program.
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