The Crown appealed a conditional discharge and refusal to make a DNA order imposed on the respondent for breaching a no-contact bail condition.
The respondent had met his wife for coffee while on bail for domestic assault charges.
The summary conviction appeal judge found no error in principle in the trial judge's reasoning and held that the sentence was not demonstrably unfit.
The refusal to order a DNA sample was also upheld, as a sample had already been ordered for the underlying assault conviction.
The appeal was dismissed.