Limitations on Crown sentence appeals

R v DL, 2025 ONCA 533: On a Crown sentence appeal, the Crown should not be permitted to seek a higher sentence than they did at trial.

Here, the Crown sough an 18-month sentence for domestic violence offences. The defendant received a conditional sentence. On appeal, the Crown again sought a sentence of real jail--but this time increased its sentencing "ask" to three years. Per George JA, this tactic "raises issues of fairness". He held that because the Crown had expressly conceded that a reformatory sentence was fit at trial, "it should not now be permitted to resile from that concession and seek a penitentiary sentence on appeal."

In other words--no Crown, you don't get a second kick at the sentencing can. A helpful reminder that the Crown is no ordinary litigant.