The appellant appealed his conviction and sentence for assault with a weapon arising from an altercation with his landlord.
The appellant argued the trial judge misapprehended evidence, improperly found corroboration, and applied uneven scrutiny to the defence evidence.
The summary conviction appeal court dismissed the conviction appeal, finding the trial judge's credibility assessments and factual findings were reasonable and supported by the evidence.
However, the sentence appeal was allowed.
The court found the sentencing judge erred by failing to give adequate weight to the Crown's position that a conditional sentence was appropriate, and replaced the 60-day intermittent jail sentence with a 9-month conditional sentence.