The Crown appealed a provincial court sentencing decision where the trial judge rejected a joint submission for a peace bond and mental health diversion program and instead imposed a conditional discharge with probation.
The appeal court held that the sentencing judge improperly rejected the joint submission without finding it contrary to the public interest or bringing the administration of justice into disrepute.
The court further found that the mandatory requirements of the Criminal Code governing pleas were not followed, as the information was not read to the accused and no plea was entered.
The appeal court concluded that the lower court failed to comply with statutory plea procedures and improperly imposed sentence.
The finding of guilt and conditional discharge were quashed and the joint submission for a peace bond and diversion was implemented.
