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Crown appeal allowed and conviction restored due to lower court's failure to apply binding precedent.
The Crown appealed a summary conviction appeal court decision that had overturned the respondent's conviction.
The Court of Appeal found that the appeal judge erred in law by failing to apply binding precedent from the Court of Appeal and the Supreme Court of Canada.
Leave to appeal was granted, the appeal was allowed, and the conviction was restored.
Sentence appeal allowed; six-month custodial sentence replaced with 12-month conditional sentence due to errors in principle.
The appellant appealed his conviction and sentence of six months' imprisonment.
The conviction appeal was dismissed as abandoned.
On the sentence appeal, the Court of Appeal found the trial judge erred in principle by treating the appellant's lack of remorse as an aggravating factor and by failing to explain why general deterrence could not be met with a conditional sentence.
The court allowed the appeal and imposed a 12-month conditional sentence with 40 hours of community service.
