I think the independence of the crown and the defence lawyer both coming at a case from two different avenues is trying to essentially, rightly or wrongly, bake a cake, which is to put all the ingredients of the reasonable propensity of a prosecution being successful, the offender not being sentenced or not being found guilty.... These usually happen previous to a pretrial. Then at a pretrial, where there's often some judicial influence, can you really make the case beyond a reasonable doubt, which is a very high standard? We're less and less clear about eye-witness testimony, etc. Sometimes, albeit subjectively, it looks like a slam dunk, so to speak. There are legal hurdles that will prevent a conviction on the highest charge. I think this bill will be somewhat successful in assisting in that way, more in the plea bargains with respect to sentencing. The guilty plea is going to be the x, and there are some provisions that victims will be accommodated, or the harm to victims in the community will be more accommodated in the sentencing.
Truthfully, with concurrent and consecutive sentencing in this country, from a victim I hear “Yes, I would love Mr. and Mrs. X to be convicted of 16 counts”, but in reality in our criminal justice system, two years less a day concurrently 15 times is no different from two years less a day once, practically speaking.