Oliver Nissim Abergel

The Crown appealed the sentence imposed on the respondent, arguing it was unfit.

The Court of Appeal acknowledged the sentence was at the bottom end of the range but noted the trial judge had valid reasons for it.

Even assuming the sentence was unfit, the Court held it was not in the interests of justice to re-incarcerate the respondent, citing a very positive post-sentence report, the respondent's youthfulness, and the importance of rehabilitation.

The sentence appeal was dismissed.