Andrea Baiasu

The appellant appealed a five-year sentence for aggravated sexual assault involving forced sexual intercourse with a pregnant woman.

The appellant had prior convictions for sexual assault but received suspended sentences with probation in 2006.

The trial judge identified the appellant's intellectual limitations and mental health status as mitigating factors but did not adequately explain why these factors did not warrant a sentence in the lower range.

The Court of Appeal found the sentence was not properly calibrated to account for the significant mitigating factor of diminished intellectual capacity and reduced the sentence to four years.

The appellant, a self-represented accused charged with failure to comply with a recognizance, sought directions from a single judge of the Court of Appeal for Ontario.

The appellant requested that the trial judge hear outstanding motions before the appeal from the dismissal of the motion to quash the bench warrant was heard, and that the motions be expedited.

The Court of Appeal dismissed the motion, finding that the requested relief fell outside the court's jurisdiction as it had no nexus to the appeal before it and was not authorized by the Criminal Code.