The appellant, Jesse David Harvey, appealed his sentence of 3 years' incarceration for numerous breaches of probation orders and assault, having abandoned his conviction appeal.
The primary ground of appeal was that the sentencing judge erred by referring to the Crown's consideration of a dangerous offender application.
The Court of Appeal dismissed the appeal, finding the sentence was fit and that the sentencing judge's brief reference to a dangerous offender application, when contextualized by the appellant's repeated failure to abide by court orders in a domestic violence situation, did not constitute an error or transform the sentencing into an informal dangerous offender hearing.
