The Crown appealed, with leave, from a summary conviction appeal decision that had reduced fines imposed on a corporate respondent convicted of two surviving workplace safety offences arising from an incident that caused an employee's death.
The Court of Appeal held that the trial judge's original sentence disclosed no error in principle and appropriately emphasized deterrence.
It found that the summary conviction appeal judge erred by diluting the importance of deterrence when treating it as only one of many sentencing factors.
The appeal was allowed and the original fines were restored.
