Joint sentencing submissions, prosecutorial immunity, and absolute privilege

Joint sentencing submissions, prosecutorial immunity, and absolute privilege

This week on Legally Speaking with Michael Mulligan: Many criminal cases are resolved by way of joint sentencing submissions by Crown and defence counsel. This means that the accused person is agreeing to plead guilty and both lawyers have agreed on what the appropriate sentence should be. The Supreme Court of Canada has held that, in these circumstances, judges are not permitted to impose a sentence different than what is proposed unless the proposed sentence was “so unhinged fro...

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