Judge erred in principle when he rejected joint submission

Ontario criminal | Appeal

SENTENCE APPEAL

Judge erred in principle when he rejected joint submission

Appeal by accused from sentence imposed on him after he was convicted of impaired driving and driving with blood alcohol level above legal limit. Trial judge rejected joint submission and imposed additional term, which was additional year driving prohibition and community service. Appeal allowed. Judge erred in principle when he rejected joint submission. Joint submission appeared to be favourable to accused but it reflected host of factors which included money forfeited by accused despite withdrawal of drug charges, foregoing trial where there were triable issues and making full restitution for damages caused to other car. Sentence was set aside and sentence based on joint submission was accepted. Accused was sentenced to 35 days’ custody after he was credited with time served for pre-trial custody and he was prohibited from driving for one year.

R. v. Miljanovic
(Sep. 27, 2012, Ont. C.A., Sharpe, Simmons and Epstein JJ.A., File No. CA C55344) 103 W.C.B. (2d) 733.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Disability claims involving toxic workplace allegations surge with return to office: injury lawyer

Finalizing divorce should not bar subsequent civil claim for sexual assault: lawyer Kevin McLaren

Cecile Applegate appointed as regional senior justice to the Ontario Court of Justice

Ontario Superior Court overturns arbitrator’s award in homebuyers’ contract dispute

Ontario Superior Court adjourns motion to add insurer as defendant in personal injury case

What to do if you’re a passenger in a car accident in Ontario

Most Read Articles

Recent Canadaland-WE Charity ruling example of anti-SLAPP 'misuse' says lawyer

Convocation: benchers approve research funding to underpin renewed equity agenda

Ontario Superior Court rejects plaintiff's bid for a simplified procedure in a car collision case

Ontario Superior Court enforces arbitral award despite improper notice claim