The Crown appealed the sentences imposed on two offenders after the sentencing judge departed from joint submissions on sentence.
The sentencing judge reduced the agreed-upon sentences without notifying counsel or applying the public interest test from Anthony-Cook.
The Superior Court of Justice allowed the appeals, finding that the sentencing judge committed material reversible error by failing to apply the correct legal test and denying procedural fairness.
The joint submissions were substituted for the sentences imposed below.
