We support the hybridization of offences because it offers greater discretion to Crown counsel, and also widens the scope of particular sentences that may be available with certain offences.
The conditional sentence order, in particular, is an important example of that. Conditional sentences are often unavailable for an offence where there has been bodily harm and a 10-year maximum, for example, or where the maximum penalty is 14 years. When you reduce the maximum sentence by way of summary conviction to two years, the CSO becomes available. That could be a very important negotiating tool when speaking to the Crown.
Also, I have heard in my personal experience of Crown counsel not wanting to go the summary route because they feel six months is too low and they don't think it appropriately reflects the seriousness of the offence. We support the hybridization because it provides that flexibility. However, we have recognized the inflationary ceiling problem that might exist and we have recommended a “for greater certainty” clause to make sure that does not happen.