The appellant, a young person, appealed both conviction and sentence.
The conviction appeal alleged error in the finding that the appellant spoke to a lawyer before giving a statement to police, but the court held that finding was supported by multiple police witnesses and noted the appellant did not testify on the voir dire.
On sentence, the court accepted that the offence and the appellant’s conduct warranted a severe sentence, but found reincarceration inappropriate given nearly a year already served, three months of pre-trial detention, and fresh evidence showing the appellant was attending school and doing well.
The sentence was varied to time served with one year of probation on specified terms.
