Enzo Rondinelli

The appellant appealed a sentence of 13 years' incarceration imposed by the trial judge.

The trial judge had imposed a sentence that exceeded the Crown's position by two years without providing the parties an opportunity to make further submissions.

The Court of Appeal found this constituted an error in principle.

However, the court determined that the sentence imposed was entirely fit given the circumstances of the offence and the offender.

The court granted leave to appeal but dismissed the appeal, upholding the 13-year sentence.

The appellant appealed his conviction for sexual assault entered on June 18, 2013.

The appellant raised two grounds of appeal: (1) ineffective assistance of trial counsel for failing to subpoena certain witnesses and lead evidence of negative forensic test results, and (2) that the trial judge erred by not providing a W.D.-like instruction to the jury.

The Court of Appeal found no merit in either argument and dismissed the appeal.