A Manitoba judge will have to tread carefully as he considers imposing a tougher sentence against a former police officer who killed a Winnipeg woman in a 2005 car crash, legal experts say.

Provincial court Judge Raymond Wyant told the court Wednesday he is considering departing from a joint recommendation made by the defence and the Crown for a conditional sentence of two years less a day as part of a plea agreement for Derek Harveymordenzenk, a former police officer who pleaded guilty in July to a single charge of dangerous driving causing death.

The recommendation for a conditional sentence would require him to spend no time in jail.

Harveymordenzenk was initially charged with refusing a breathalyzer, impaired driving causing death and criminal negligence causing death, but those charges were dropped without explanation when Harveymordenzenk pleaded guilty to dangerous driving.

Bruce MacFarlane, former deputy attorney general for Manitoba, told CBC News it's "quite rare" for judges to issue a sentence that ignores a joint sentencing recommendation.

"I wouldn't want to put a figure on it, but it's probably handfuls [of cases] every couple years," said MacFarlane, who now teaches law at the University of Manitoba.

"Generally speaking, counsel for the Crown and the defence, when they do make a joint submission, take a look at the previous decisions and make a recommendation that's within the range."

The plea agreement implies both parties gave up something, said David Deutscher, also a law professor at the U of M. For example, in cases when the Crown's case has weaknesses, he said, the accused might agree to plead guilty in return for a joint recommendation for a lesser sentence.

That makes it difficult, in law, for Wyant to ignore the sentencing recommendation, he said.

"Courts of Appeal, certainly in this province, have said that those joint recommendations ought to be given significant weight, and only to be moved away from for very good reasons," Deutscher said.

Wyant told the court he is considering whether police officers should be held to a higher standard than the general public for their actions.

Deutscher said that's a common belief, but he's not sure how accepted the argument is in case law.

Harveymordenzenk — also known as Derek Harvey-Zenk — crashed into a convertible stopped at a red light on Highway 59 at the Perimeter in February 2005, killing Crystal Ann Taman, a 40-year-old mother of three.

Wyant will hand down his ruling Oct. 29.