The appellant appealed a probation condition imposed following guilty pleas to several offences, including communication for the purpose of prostitution, breaches of court orders, failure to attend court, and uttering threats.
The appellant sought removal of a curfew condition on the basis that it was punitive and lacked a nexus to rehabilitation or public protection.
The Crown argued the sentencing judge considered the offender’s rehabilitation and community protection when imposing the curfew.
Applying appellate deference principles, the court held that the sentencing judge committed no error in principle and that the sentence was not demonstrably unfit.
The probation condition, including the curfew, was upheld.
