Summary

36410

Matthew John Anthony-Cook v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)

Keywords

Criminal law - Sentencing.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Criminal law – Sentencing – Joint submission on sentencing rejected – What test should a sentencing judge apply in deciding whether to accept or reject a joint sentencing submission.

The applicant was charged with manslaughter. He was detained in both a jail and in a mental health facility prior to his mid-trial guilty plea and sentencing. The Crown and defence had made a joint submission that the appropriate sentence was a period of 18 months’ additional incarceration, and that no probation order should be imposed. The sentencing judge determined that the period of imprisonment should be three years, apart from a credit for pre-sentence custody. The judge sentenced the applicant to an additional 24 months less a day imprisonment (with credit for 366 days in pre-sentence custody). The judge also imposed a three year probationary term, the terms of which included that the applicant refrains from using illegal substances. The Court of Appeal dismissed the sentence appeal.