Dana Garrick

The appellant was convicted of multiple counts of sexual assault and indecent assault involving young boys over a 12-year period.

The trial judge imposed a sentence of 7 years, considering the serious breach of trust, the appellant's prior convictions for similar offences, and victim impact statements.

The Court of Appeal dismissed the sentence appeal, finding the sentence was within the appropriate range and revealing no basis to interfere.

The appellants appealed their sentences, arguing the sentencing judge erred in finding their actions constituted premeditated, planned criminal activity.

The Court of Appeal agreed, finding an insufficient basis on the record to support this aggravating circumstance.

Without this finding, the original sentence of a short, sharp term of imprisonment was deemed excessive.

The appeal was allowed and the sentences were varied to time served (9 days) plus probation.