The Crown appealed an 18-month conditional sentence imposed on the respondent, who pleaded guilty to administering a noxious chemical and criminal harassment against a former intimate partner and co-worker.
The respondent repeatedly sprayed a corrosive chemical on the victim's workstation, causing severe burns and blistering over several years.
The Court of Appeal allowed the appeal, finding the trial judge erred in concluding the conduct was not a 'serious personal injury offence' under s. 752 of the Criminal Code, which rendered a conditional sentence unavailable.
The Court also found the original sentence demonstrably unfit given the significant breach of trust and extensive planning, varying the sentence to two years less a day of imprisonment.
