The Crown appealed the sentences imposed on two repeat drinking and driving offenders.
In both cases, the trial judges had set aside the Crown's s. 727(1) notices of intention to seek an increased penalty, finding that the prosecutors had exercised their discretion unreasonably.
One of the offenders also appealed his conviction, arguing the trial judge erred in proceeding with the trial in his absence.
The Superior Court of Justice dismissed the conviction appeal, finding no error in proceeding where counsel was present and prepared.
The Court allowed the Crown's sentence appeals, holding that the decision to file a s. 727(1) notice falls within the core elements of prosecutorial discretion and is reviewable only for abuse of process, not on a standard of reasonableness.
However, at the Crown's request, the existing sentences were not varied.
