Dennis K. Lenzin

The Crown appealed the nine-month sentences imposed on the respondents, who pled guilty to forcible confinement, assault with a weapon, and failing to provide the necessaries of life in relation to their two adopted sons.

The Court of Appeal found that the trial judge erred in principle by failing to consider the respondents' prolonged breaches of trust as an aggravating factor and that the sentences were demonstrably unfit given the horrific and prolonged cycle of abuse.

The appeal was allowed, and the sentences were increased to five years for the mother and four years for the father.

The appellant appealed his convictions on grounds that the trial judge erred in refusing to admit telephone records, refusing cross-examination of the complainant under s. 276 of the Criminal Code regarding them sleeping in the same bed, and failing to provide a Vetrovec warning.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's evidentiary rulings and concluding that a Vetrovec warning was not mandatory given the lack of reason to doubt the complainant's integrity.