L. Paine

The appellant appealed his sentence after being convicted of sexual assault, choking, unlawful confinement, uttering threats, assault, and failing to comply with a probation order.

The sentencing judge found the appellant to be a long-term offender and imposed a 9-year determinate sentence for the sexual assault and related offences, plus consecutive sentences for other offences and a 10-year supervision order.

The Court of Appeal dismissed the sentence appeal, finding the sentence appropriate given the appellant's extensive record and the horrific circumstances of the offences.

The appellant, a bouncer, struck a patron outside a tavern, causing the patron to fall and hit his head on the concrete, resulting in death.

The preliminary inquiry judge committed the appellant for trial on a charge of murder, finding evidence that he knew his actions were likely to cause death and was reckless.

The appellant's application for certiorari to quash the committal was refused.

On appeal, the Court of Appeal dismissed the appeal, holding that while the evidence of the requisite knowledge was weak, there was a scintilla of evidence to support the committal.