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The court held it could proceed to sentence after the trial judge retired, refused a stay or mistrial, and denied a request for circle sentencing.
The Court of Appeal found the original one year sentence manifestly inadequate for a violent, armed robbery; the trial judge erred by relying on unsworn judicial questioning without holding a sentence hearing for contested facts and failed to impose the mandatory s.100(1) firearms prohibition; accordingly the sentence was increased to two years incarceration plus two years probation and a ten year firearms prohibition was imposed as within the court's appellate powers under s.687(1).
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