Is a sentencing judge bound by the express and implied factual findings in a jury verdict?
Ontario, Canada
The following excerpt is from R. v. Boughan, 2014 ONCA 360 (CanLII):
A sentencing judge is bound by the express and implied factual findings in a jury verdict. Where the factual basis is ambiguous, however, the sentencing judge is entitled to arrive at her own independent determination of the relevant facts: Criminal Code, s. 724(2); R v. Brown (1991), 1990 CanLII 7723 (SK CA), 53 C.C.C. (3d) 521 (S.C.C.). Here, that is what the trial judge did and we see no basis for interfering with those findings.
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