Herve Sauve

The Court of Appeal for Ontario issued a correction to an earlier endorsement dated April 28, 2006.

The correction clarified that all references to the appellant in the previous endorsement should be changed to refer to the respondent.

The Crown appealed the imposition of a 20-month conditional sentence for domestic violence offences and breach of probation.

The Court of Appeal found that the trial judge erred by underestimating the gravity of the offences and that a penitentiary sentence was clearly warranted.

However, because the respondent had already served almost 12 months of house arrest and completed a rehabilitation program, the Court declined to reincarcerate him and dismissed the appeal.