Miriam Bloomenfeld

The appellant appealed a sentence of six-and-a-half years' imprisonment after pleading guilty to incest.

He argued the sentence exceeded the usual 3-5 year range and that insufficient weight was given to his major depression and subsequent exemplary conduct.

The court held that the sentencing judge did not err because the offence involved a lengthy breach of trust and an aggravating circumstance not present in the comparator authority, namely pregnancies resulting from the abuse.

Leave to appeal sentence was granted, but the sentence appeal was dismissed.

This addendum to a criminal appeal judgment clarified that the court did not intend to preclude the respondent from applying for a discharge.

Relying on prior authority indicating that even a conviction would not necessarily bar a discharge, the court nonetheless amended its earlier reasons for absolute clarity.

The acquittal was set aside and replaced with a finding of guilt for common assault, thereby preserving the respondent's ability to seek a discharge.