16 Mar 2022
Kerry Alexander Nahanee v. His Majesty the King
The appellant plead guilty to two counts of sexual assault. The appellant and Crown made sentencing submissions, which were not joint submissions. The Crown sought a 4-6 year global sentence. The appellant sought a 3 to 3.5 year global sentence. There was no guilty plea in exchange for joint submissions on sentence. The sentencing judge did not agree with the sentencing submissions, and imposed a sentence of eight years’ imprisonment. The sentencing judge did not alert counsel that she was intending to exceed the Crown’s proposed sentence. The Court of Appeal dismissed the sentence appeal.