What is the effect of a finding of error in principle in sentencing a defendant to a new trial?
Canada (Federal), Canada
The following excerpt is from R. v. Friesen, 2020 SCC 9 (CanLII):
However, in sentencing afresh, the appellate court will defer to the sentencing judge’s findings of fact or identification of aggravating and mitigating factors, to the extent that they are not affected by an error in principle. This deference limits the number, length, and cost of appeals; promotes the autonomy and integrity of sentencing proceedings; and recognizes the sentencing judge’s expertise and advantageous position (Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at paras. 15-18).
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