M. Shea

The Crown appealed a sentence imposed for simple assault and assault with a weapon, arguing that the probation order was demonstrably unfit due to the omission of a condition prohibiting the respondent from residing in the same condominium building as the victim.

The original sentencing judge declined to impose this condition, citing concerns about the respondent's mental health and a reported suicide risk if his stable living arrangements with his mother were disrupted.

The appeal court, considering fresh evidence from both parties, upheld the original sentence, finding that the judge's conclusion was not unreasonable and did not result in a disposition that was clearly unfit, despite the victim's ongoing fear.

The offender pleaded guilty to possessing child pornography, printing child pornography, and breaching probation.

The offender had previously been convicted of the same offences and sentenced to approximately two years imprisonment.

Despite this prior sentence, the offender reoffended while still on probation, printing 56 child pornography images at a photo store and possessing 908 additional images and two video clips on a computer.

The court imposed a sentence of four years imprisonment, with 334 days of pre-sentence custody credited at a 1:1 ratio, resulting in an additional 37 months of imprisonment.

The court emphasized denunciation and general deterrence as the primary sentencing objectives, noting the serious nature of child pornography offences and the need to protect society from the offender's demonstrated risk to children.