The Crown appealed a sentence imposed for simple assault and assault with a weapon, arguing that the probation order was demonstrably unfit due to the omission of a condition prohibiting the respondent from residing in the same condominium building as the victim.
The original sentencing judge declined to impose this condition, citing concerns about the respondent's mental health and a reported suicide risk if his stable living arrangements with his mother were disrupted.
The appeal court, considering fresh evidence from both parties, upheld the original sentence, finding that the judge's conclusion was not unreasonable and did not result in a disposition that was clearly unfit, despite the victim's ongoing fear.
