Author Topic: YVR shooting  (Read 1411 times)

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Offline waldo

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Re: YVR shooting
« Reply #15 on: May 23, 2021, 11:55:18 am »
Trial judges are bound by case law and plea bargains, they tell us that all the time in their decisions.

no - this is Canada member wilber... this is Canada; not the U.S..

and... given the non-standardized nature of 'fitness tests' across provinces (as used by judges to gauge the appropriateness of a plea bargain), the SCOC has further ruled that:

...a jointly recommended sentence now can only be disregarded by a sentencing judge when the jointly recommended sentence is “so unhinged from the circumstances of the offence and the offender that its acceptance would lead reasonable and informed persons, aware of all the relevant circumstances, including the importance of promoting certainty in resolution discussions, to believe that the proper functioning of the justice system had broken down.”

so, member Hang'EmHighwilber, take a do-over and come back against Crown Prosecutors and the plea bargain system itself... sure you can!