R. V. Pahl: Determining A Sentence's Fitness On Appeal

In a sentencing appeal, the British Columbia Court of Appeal in R v. Pahl split on the issue of how to properly determine whether a sentence was fit in the context of disputes over the admissibility of evidence at the sentencing level. The majority found that, as an appellate court cannot return a matter to the trial-level for re-sentencing, a judge (other than the sentencing judge) should be appointed as "special commissioner" and should make further necessary findings of fact and then return the matter to the appellate court to make the final sentencing decision. The dissent would not have remitted the matter to a special commissioner and would have instead decided the appeal on the basis of the admissible evidence.