Western Nfld. judge's sentences criticized

A western Newfoundland judge who has repeatedly ignored lawyers's recommendations and handed down tough sentences is attracting a mixture of praise and criticism.

Seven times in 2010 in cases involving drug dealers or child abuse Judge Wayne Gorman of Corner Brook provincial court either ignored lawyer's recommendations on sentencing or went well beyond the accepted sentencing range for similar offences.

Gorman's approach, which has included ignoring plea bargains arranged by Crown and defence lawyers, has earned the respect of Paula Sheppard Thibeau, the executive director of the Corner Brook Status of Women Council.

"I think Judge Gorman is taking a real chance," said Sheppard Thibeau, who is also with the city's Women's Centre.

"He really is trying to work within his boundaries and within the law, but I think he is actually trying to make a stand and set some precedents that show our province and our community that these crimes need to be taken seriously."

All seven of Gorman's controversial 2010 sentences were reversed on appeal, with higher courts raising concern about Gorman's interpretation of the law.

Dalhousie University law professor Archie Kaiser said it is highly unusual for a judge to ignore plea bargains.

Kaiser said the country's justice system would be in trouble if it became a common practice for judges to throw out plea deals.

"Were it not for the existence of Crown discretion and the existence of plea bargaining, the justice system would utterly grind to a halt," he said.

Gorman, however, has continued to ignore the recommendations of lawyers in at least onerecent decision.

In late 2010, Gorman gave a man who had sex with a minor a 14-month jail term. The convicted man's lawyer said that is a longerjail termthan those handed down in similar cases. The sentence is now under appeal.

Gorman declined a request from CBC News for an interview.