The appellant appealed a summary conviction sentence after pleading guilty to using a stolen credit card and possessing credit cards obtained by crime.
He argued that the sentencing judge erred by relying on facts not in evidence, misapprehending the facts, and improperly emphasizing denunciation and deterrence over rehabilitation when declining to grant a conditional discharge.
The court held that the sentencing judge properly relied on the agreed facts and reasonably concluded that the offences involved planning and deceit.
Applying the deferential appellate standard for sentence appeals, the court found no error in principle and concluded the sentence of fines totaling $1,000 and 18 months’ probation was not demonstrably unfit.
The appeal was dismissed.
