The appellant appealed his summary conviction and sentence for assault causing bodily harm.
At trial, the judge rejected his claim of self-defence, finding his testimony fabricated and contradicted by his own recorded statements.
On appeal, the court dismissed the conviction appeal, finding the trial judge did not improperly use the rejected evidence as a makeweight for the Crown.
However, the sentence appeal was allowed because the trial judge failed to apply the principle of restraint for a first-time offender.
Considering fresh evidence, the court reduced the sentence from two years less a day to 18 months' incarceration.
