The appellant appealed a sentence imposed by the trial judge for breach of a court order.
The sentencing judge imposed a sentence exceeding the Crown's position without providing the appellant's counsel an opportunity to make further submissions regarding the trial judge's inclination to impose a greater sentence.
The Court of Appeal found this to be an error in procedure.
On review of the fitness of the sentence de novo, the court determined that the Crown's requested sentence was fit and varied the sentence to 12 months less pre-trial custody of 219 days.
