The appellant appealed his sentence of 5 years (less pre-trial custody credit) for aggravated assault and possession of a firearm without a license.
He argued the trial judge erred by considering his previous plan to kill his wife as an aggravating factor, given he had pled guilty to aggravated assault in exchange for the Crown dropping an attempted murder charge.
The Court of Appeal found no error in principle, holding that the prior plan was a valid aggravating factor in this serious domestic assault involving a loaded rifle.
The appeal was dismissed.
