The Crown appealed sentence, arguing the sentencing judge placed exaggerated weight on remorse and family history while underemphasizing the seriousness of the offence, the severity of the injuries, the respondent's record, and the need for denunciation and general deterrence.
The majority accepted that the deferential standard applied but held the sentence was demonstrably unfit.
Leave to appeal sentence was granted and the custodial sentence was increased to 18 months less four months' credit, for a net sentence of 14 months, with probation left undisturbed.
A dissenting judge would have dismissed the appeal.