The appellant appealed his sentence for driving offences involving high speed, street racing, and impairment, which resulted in serious injuries to his passenger.
The Court of Appeal found that the trial judge erred in principle by treating a prior case as determinative rather than applying its principles to the specific facts.
However, upon re-sentencing, the Court agreed with the Crown that a conditional sentence was inappropriate given the aggravating factors.
The Court concluded that a one-year custodial sentence was appropriate and dismissed the appeal.