5,109
edits
Line 55: | Line 55: | ||
|} | |} | ||
The sentencing hearing can either proceed immediately after a guilty plea is entered or be adjourned to permit the parties to prepare for the sentencing hearing. For self-represented litigants, a duty counsel will assist with a sentencing negotiation with the Crown. It is generally a good strategy to talk to Crown in advance of pleading guilty about the possibility of a joint submission where both sides agree on a sentence. Most Crown Counsel will agree to a reasonable joint sentencing position and will often stay some charges on a multi-count Information in exchange for a guilty plea on others. It is important to know that the judge is '''not''' bound by a joint submission (See ''[https://www.canlii.org/en/ca/scc/doc/2016/2016scc43/2016scc43.html?resultIndex=1 R. v. Anthony‑Cook]'', 2016 SCC 43 | The sentencing hearing can either proceed immediately after a guilty plea is entered or be adjourned to permit the parties to prepare for the sentencing hearing. For self-represented litigants, a duty counsel will assist with a sentencing negotiation with the Crown. It is generally a good strategy to talk to Crown in advance of pleading guilty about the possibility of a joint submission where both sides agree on a sentence. Most Crown Counsel will agree to a reasonable joint sentencing position and will often stay some charges on a multi-count Information in exchange for a guilty plea on others. It is important to know that the judge is '''not''' bound by a joint submission (See ''[https://www.canlii.org/en/ca/scc/doc/2016/2016scc43/2016scc43.html?resultIndex=1 R. v. Anthony‑Cook]'', 2016 SCC 43). See ''Appendix E'' for the process of a guilty plea. | ||
Consequences of a guilty plea may include, but are not necessarily limited to: | Consequences of a guilty plea may include, but are not necessarily limited to: |
edits