3 total
Crown sentence appeal dismissed; although conditional sentence was inappropriate, further incarceration not in the interest of justice.
The Crown appealed the imposition of a 7-month conditional sentence.
The Court of Appeal agreed that a conditional sentence was inappropriate given the serious nature of the offences and the respondent's horrendous criminal record.
However, because the respondent had already served 7.5 months of pre-sentence custody (credited at 2-for-1) and completed the 7-month conditional sentence, the equivalent of 22.5 months had been served.
The Court concluded it would not be in the interest of justice to further incarcerate the respondent and dismissed the appeal.
Sentence appeal allowed and sentence reduced to time served where trial judge doubled Crown's position without reasons.
The appellant pleaded guilty to indecent act, sexual assault, and sexual interference.
The Crown sought a sentence of 6 to 9 months, but the trial judge imposed 18 months without providing reasons for substantially exceeding the Crown's position.
The Court of Appeal held that the failure to give reasons in these circumstances amounted to an error in principle.
The appellant had served seven months, and the sentence was varied to time served.
Appeal from conviction dismissed; trial judge did not misapprehend evidence and DNA order upheld.
The appellant appealed his conviction, arguing the trial judge misapprehended evidence regarding the timing of an incident and failed to properly assess the complainant's motive to lie.
The Court of Appeal dismissed the appeal, finding the trial judge's conclusions were supported by the evidence and it was unnecessary to address every defence argument regarding motive.
The court also upheld the DNA order, noting the aggravating circumstances of the appellant being in a position of trust and the complainant being 13 years old.
