On a summary conviction appeal arising from probation breaches following a criminal harassment disposition, the appellant challenged sentence and sought an early termination of probation, while also filing fresh evidence concerning mental health and collateral consequences of conviction.
The appeal court found that one of the two breach convictions could not stand because the facts on the guilty plea did not establish any communication or association with the complainant, and entered a finding of not guilty on that count.
However, the court upheld the remaining conviction and the sentence of one day in jail plus three years' probation, holding the sentence was fit and that the fresh evidence did not establish a sufficient link between the appellant's mental health condition and the commission of the offence.
The court further held that, although a discharge may have been in the appellant's best interest, granting one would be contrary to the public interest in light of the recent prior discharge, repeated breaches, and deterrence concerns.
