The appellant appealed his sentence for assault, raising issues regarding pre-sentence custody credit under s. 719(3.1) of the Criminal Code and the trial judge's consideration of the victim's severe injuries.
The Court of Appeal dismissed the appeal, noting that the pre-sentence custody issue was not clearly raised below and the appellant was being released on parole that day.
The court also held that the sentence was entirely fit given the seriousness of the assault and the severity of the injuries.
