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section 777(2)
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SECTION WORDING
777(2) Where, in proceedings to which subsection (1) applies, the court or judge is satisfied that a person was properly convicted of an offence but the punishment that was imposed is greater than the punishment that might lawfully have been imposed, the court or judge (a) shall correct the sentence, (i) where the punishment is a fine, by imposing a fine that does not exceed the maximum fine that might lawfully have been imposed, (ii) where the punishment is imprisonment, and the person has not served a term of imprisonment under the sentence that is equal to or greater than the term of imprisonment that might lawfully have been imposed, by imposing a term of imprisonment that does not exceed the maximum term of imprisonment that might lawfully have been imposed, or (iii) where the punishment is a fine and imprisonment, by imposing a punishment in accordance with subparagraph (i) or (ii), as the case requires; or (b) shall remit the matter to the convicting judge, justice or provincial court judge and direct him to impose a punishment that is not greater than the punishment that may be lawfully imposed.

RELATED LINKS
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domestic-assaultsAn overview of Paul Lewandowski's approach to defending people charged with a domestic assault in criminal court.





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