The appellant appealed his convictions and sentence for assault, assault with a weapon, and assault causing bodily harm arising from a workplace dispute.
The summary conviction appeal judge dismissed the conviction appeal, finding the trial judge's reasons sufficient and his credibility findings supported by security video evidence.
However, the sentence appeal was allowed.
The appeal judge found the trial judge erred in principle by failing to give adequate weight to the principle of restraint and the appellant's status as a 60-year-old first offender.
The 12-month custodial sentence was set aside and a conditional sentence of two years less a day was substituted.
