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Court rules judge had no jurisdiction to amend sentence after it was imposed

Thursday, January 18, 2018 @ 12:35 PM | By Amanda Jerome

An amendment to information after sentencing cannot stand as the Ontario Court of Appeal has determined the sentencing judge did not have jurisdiction to make the change. The decision, counsel says, is instructive to lawyers and judges on the proper procedure to be followed during sentencing.

In R. v. Hasiu 2018 ONCA 24, the court heard that the appellant, Paul Hasiu, was convicted of two counts of possession of drugs for the purpose of trafficking while incarcerated. Hasiu was already serving time for a robbery when...