JB Emmons on Nostr: Interesting #BCCA decision yesterday. Defence counsel rejects Crown's proposed 45-day ...
Interesting #BCCA decision yesterday.
Defence counsel rejects Crown's proposed 45-day joint sentencing submission, hoping for a conditional discharge despite the judge's warning that even 45 days might be inadequate. At sentencing, w/ no joint submission before him, the judge imposed 6 months' imprisonment.
Appeal allowed--defence should've known that ππ―π΅π©π°π―πΊ-ππ°π°π¬ may have tied the judge's hands, so it was #IneffectiveAssistance to reject Crown's proposal!
#LawCanada
https://www.canlii.org/en/bc/bcca/doc/2023/2023bcca319/2023bcca319.html
Defence counsel rejects Crown's proposed 45-day joint sentencing submission, hoping for a conditional discharge despite the judge's warning that even 45 days might be inadequate. At sentencing, w/ no joint submission before him, the judge imposed 6 months' imprisonment.
Appeal allowed--defence should've known that ππ―π΅π©π°π―πΊ-ππ°π°π¬ may have tied the judge's hands, so it was #IneffectiveAssistance to reject Crown's proposal!
#LawCanada
https://www.canlii.org/en/bc/bcca/doc/2023/2023bcca319/2023bcca319.html