The Crown appealed a suspended sentence imposed on the respondent for three counts of assault with a weapon and two counts of uttering death threats against his wife and children.
The trial judge had emphasized the respondent's prospects for rehabilitation and stated he would have imposed a significant jail term had the respondent been born or raised in Canada.
The Court of Appeal found this to be an error in principle, holding that individuals born or raised in Canada should not be held to a higher standard of conduct than those who immigrated as adults.
Emphasizing denunciation and deterrence for domestic violence, the Court allowed the appeal and substituted a six-month custodial sentence.
