Client plead guilty to two breaches and failing to turn himself into the Remand Centre. Crown and Defence Counsel submitted that a sentence of between 30 to 60 days was appropriate. Sentencing Judge imposed 111 days without giving either Counsel an opportunity to speak to an increase in sentence. Appointed to appeal the increase in sentence beyond 60 days and filed written materials arguing that the Sentencing Judge had erred in law by failing to consider the totality principle (the net effect of consecutive sentences imposed on an offender), failing to give Counsel the opportunity to make further submissions, and increasing the sentence merely to account for pre-plea time in custody the client had served on these and other unrelated charges. Appeal allowe, sentence overturned and 60 days substituted.
October 28, 2015