Hay River (July 28/03) - The Hay River courthouse was turned on its head Tuesday, when a Crown attorney asked for less jail than the defence for a convicted criminal.

Prosecutor Darren Mahoney recommended that Brent Allan Cardinal, 18, get eight to nine months in jail for a series of home robberies while defence lawyer Stephen Shabala proposed 15 to 18 months.

The unusual role reversal didn't sit well with Chief Judge Robert Halifax, who two weeks ago told Mahoney to come back with a longer recommendation than the eight to nine months.

"The last time you were here...I told you to look up (the case law)," said Halifax. "Where is it? It doesn't look like the research has been done."

Halifax said that the crimes constituted home invasions because some the houses Cardinal robbed were occupied at the time. Home invasions can carry a sentence of five to seven years each.

But Mahoney argued the Cardinal case didn't fit the statute for home invasion and his sentencing recommendation was in line with precedents for robberies.

"There wasn't any violence or weapon involved. There was no planning, they were on a spree," he said.

Halifax disagreed and said the Crown wasn't treating the crimes seriously enough.

"It's a matter of public protection," he said. "(People need to feel safe) especially when they're in the security of their own home."

He went on to chastise Mahoney for not producing more case law on the subject.

"I told you to look it up. That doesn't mean coming back with one case that supports your position. It means (finding) a range of sentencing."

Halifax was also angered by the fact that Cardinal's victims were not given the chance to offer an impact statement.

"(Part of what I told you last time) was to speak to the victims and see how they felt about the recommendation," said Halifax. "Did you speak to them?"

"I didn't," answered Mahoney.

"Isn't that their right under the Code," Halifax asked, shaking his head.

"It is," said Mahoney.

Halifax adjourned the case to Aug. 5 to give the Crown even more time to come up with another sentencing recommendation.