James Zegers

The appellant appealed his one-year custodial sentence for assault, seeking to convert the remainder to a conditional sentence.

The Court of Appeal found that while the trial judge overstated the seriousness of one incident, the custodial sentence was justified given the appellant's previous record for assault, the seriousness of the current assault, and the serious injuries caused to the victim.

The sentence appeal was dismissed.

The appellant pleaded guilty to firearm possession offences.

The Crown and defence made a joint submission for a sentence of time served (11 months).

The sentencing judge rejected the joint submission and imposed an additional nine months of incarceration.

On appeal, the Court of Appeal found the sentencing judge erred in principle by failing to explain why the joint submission was contrary to the public interest or would bring the administration of justice into disrepute, and by not affording counsel an opportunity to make further submissions.

The appeal was allowed and the sentence reduced to time served.

The appellant appealed his sentence, arguing the trial judge erred by failing to give credit for 21 days of pre-trial custody served in 2002.

The Court of Appeal agreed that the trial judge erred in failing to give credit for the 21 days, but found that given the gravity of the offences and the appellant's record, the sentence imposed was fit even if credit had been given.

Leave to appeal sentence was granted, but the appeal was dismissed.