The appellant pleaded guilty to assault with a weapon after striking her nine-year-old son with a broomstick.
At sentencing, the Crown and defence jointly proposed an absolute discharge and a 12-month peace bond.
The sentencing judge rejected the joint submission and imposed a suspended sentence with 18 months of probation.
On appeal, the Superior Court of Justice found that the sentencing judge erred by applying a 'fitness' test rather than the stringent 'public interest' test required by Anthony-Cook.
The appeal was allowed, and the sentence was reduced to an absolute discharge and a peace bond, as the joint submission was not contrary to the public interest.
