The appellant appealed his sentence of 15.8 months on the ground that the trial judge exceeded the Crown's position of 13 to 14 months without providing notice.
The Court of Appeal dismissed the appeal, finding that the 2.8-month increase was not significant enough to require notice as a matter of fairness.
Furthermore, the sentence was fit given the appellant's multiple convictions for impaired driving, breaches of court orders, and history of domestic violence.