When is a Judge Bound to Her/His Pre-trial Sentencing Position?


Where, in a pre-trial hearing, the sentencing judge agrees to impose a particular sentence on an accused in exchange for a guilty plea, and the accused enters a guilty plea relying on the judge’s sentencing position at the pre-trial hearing, the appearance of fairness requires that the judge impose the sentence he/she committed to in the pre-trial hearing and upon which the accused relied.

R. v. O’Quinn (2001), 2002 CanLII 44942 (ON CA).

So as to avoid misunderstandings as to the appropriate sentence, where the judge has agreed to impose a particular sentence (including a sentence within a particular range), counsel should place the essence of the pre-trial discussions on the record at the time the guilty plea is entered.

R. v. O’Quinn (2001), 2002 CanLII 44942 (ON CA), at para. 14;

See also R. v. Scott, 2011 ONCA 365 (CanLII).

However, a sentencing judge is entitled to change his/her mind as to what constitutes an appropriate sentence if additional relevant facts are brought to his/her attention before passing sentence.



Written by Stuart O’Connell, O’Connell Law Group. (All rights reserved to author).








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