Karen Bellinger

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.

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.