Anida Chiodo

The appellant pleaded guilty to break, enter and theft, and attempted break and enter, committed while on parole.

He was sentenced to five years and three years concurrent imprisonment.

He appealed the sentences, arguing they were beyond the appropriate range.

The Court of Appeal dismissed the appeal, finding the sentences were not unfit given the appellant's significant criminal record for similar offences, previous penitentiary sentences, and the fact that he broke into an occupied residential dwelling.

The appellant appealed his conviction, arguing the verdict was unreasonable.

The trial judge had convicted the appellant based on a finding that he moved a hose and reel toward the victim, but simultaneously rejected the victim's evidence that the appellant threw the reel.

The Court of Appeal held that without the victim's rejected evidence, there was no evidence to support the trial judge's finding.

The appeal was allowed and an acquittal was entered.