The Crown appealed a sentence imposed by a military judge on the respondent, who pleaded guilty to common assault against his girlfriend and an offence under the Code of Service Discipline for fighting with a corporal.
The military judge imposed a severe reprimand and a $3,000 fine, rejecting the Crown's request for a 90-day term of imprisonment.
The Court Martial Appeal Court dismissed the appeal, finding that the military judge properly considered the principles of sentencing, including denunciation and deterrence, and correctly applied both military and civilian case law.
The sentence was not demonstrably unfit and was free from any error in principle.
