Court of Appeal for Ontario upholds Trial Judge's Decision to Jump the Joint


—3 years custodial sentence for criminal harassment arising from the unauthorized dissemination of intimate images—

Crown and defence made a joint submission for a custodial sentence of 9-12 months. 

The trial judge’s rejection of the joint submission was consistent with the procedure set out by the Supreme Court of Canada in R. v. Anthony-Cook, 2016 SCC 43.

The trial judge gave the parties clear notice of his concerns about the adequacy of their joint submission; invited them to make submissions on the matter; and afforded the accused an opportunity to withdraw his guilty plea. Nothing more was required.

Three years was within the range that the Court of Appeal has identified for serial harassers: R. v. O’Connor 2008 ONCA 206.

R. v. Myles, 2017 ONCA 375.

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