The appellant appealed a sentence imposed after conviction for mischief to data and unauthorized use of a computer.
The sentencing judge imposed a fine and probation and treated the accused’s allegedly false testimony and manner of conducting the defence as a significant aggravating factor.
On appeal, the court held that the manner in which an accused presents a defence, including false testimony rejected at trial, cannot be treated as an aggravating factor in sentencing.
The appellate court found this constituted an error in principle and reconsidered the appropriate disposition.
Given the offender’s lack of prior record, restitution, personal circumstances, and collateral employment consequences, the court substituted a conditional discharge with probation.
