Matthew John Anthony-Cook v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)


Criminal law - Sentencing.


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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.