The Crown appealed an absolute discharge granted to the respondent for mischief and breach of undertaking, arguing the sentencing judge erred in applying the "best interests of the accused" and "public interest" tests under s. 730(1) of the Criminal Code.
The appeal court found the sentencing judge erred by failing to consider the respondent's criminal record and specific deterrence, and by narrowly defining "public interest" to exclude the broader community.
The appeal was allowed, the absolute discharge vacated, a conviction entered, and a suspended sentence with probation was imposed, but its execution was permanently stayed due to the passage of time and the respondent's compliance with conditions.
