The appellant, Darren Pearce, sought leave to appeal a five-year global sentence for aggravated assault and breach of recognizance.
The Court of Appeal granted leave and allowed the appeal, finding that the sentencing judge erred by failing to adequately address the principle of parity between Mr. Pearce's sentence and that of his co-accused, Terrance Goodwin, who received a substantially shorter sentence for the same crime.
The court substituted a sentence of "time served," equivalent to approximately three and a half years, to achieve appropriate parity, considering Mr. Pearce's pre-sentence custody and credits.