Erin Dann

The appellant appealed his sentence of 24 months' imprisonment for break, enter, and theft.

The sentencing judge had rejected a joint submission of 9 months, relying on the appellant's record and the mistaken belief that a stolen computer containing sentimental data was irretrievably lost.

The Court of Appeal found the sentencing judge erred in law by rejecting the joint submission without adequately considering the Crown's evidentiary concerns and relying on unproven aggravating facts.

The appeal was allowed, the sentence was reduced to time served (10 months and 10 days), and a probation condition prohibiting drug and alcohol consumption was removed.

The appellant sought leave to appeal a conviction for which a sentence of 12 months' probation was imposed three years prior.

The Court of Appeal refused leave, noting the question of law had no significance beyond the case, the argument on the reasonableness of the conviction was not strong, and the sentence did not engage significant liberty interests.