The appellant, Salim Mohamad, appealed his sentence of 16 months custody for sexual assault, arguing that the trial judge failed to adequately consider his post-conviction diagnosis of schizophrenia and its impact on sentencing, and erred in finding premeditation.
The Superior Court of Justice dismissed the appeal, finding that the trial judge properly considered the appellant's mental illness and its treatment, and that the finding of premeditation was supported by the evidence.
The court affirmed that denunciation and general deterrence were paramount sentencing principles, and a conditional sentence was insufficient given the serious nature of the offence.
