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  • A sentencing judge has the discretion to postpone sentencing provided the discretion is not exercised for an illegal purpose, for example, to see whether the offender would make restitution, aid in the investigation of others, or help police recover stolen property: R v Clouthier, 2016 ONCA 197 at para 34  


  • Any postponement of sentencing beyond a month or two may be taken as prima facie evidence of the exercise of judicial discretion for an improper purpose: Clouthier at para 34 


  • An example of an improper purpose arises in Clouthier. The trial judge imposed multiple intermittent sentences, totalling more than 90 days, for different counts on the same information. Her Honour did so by postponing sentencing on one of those counts until the accused finished serving the first intermittent sentence of 90 days. The accused then returned for sentencing on the second count and received an additional intermittent sentence of 60 days. The ONCA held that this potponement was improper and illegal as its sole purpose was "to circumvent the restrictions imposed on the lenght of an intermittent sentecne by s.732(1)": Clouthier at paras 38-40



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