SASKATCHEWAN – A Gardiner Hearing is a contested sentencing hearing after an accused has pleaded guilty.
They are held when the Crown and defence don’t agree on the facts on a guilty plea. The Crown and defence may disagree with allegations, information, or submissions about the charges, or the accused's personal circumstances.
A Gardiner Hearing often resembles a trial where witnesses testify and are cross-examined.
Before a Gardiner Hearing starts, the judge does a plea inquiry with the accused to make sure that he/she understands the charges he/she is pleading guilty to and the consequences.
The Crown or defence presents evidence on the disputed facts. The judge decides which mitigating or aggravating factors will be used. Aggravating factors increase the severity of a sentence, whereas mitigating factors provide for a more lenient sentence.
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