3 total
Leave to appeal sentence for failing to provide necessaries refused; proposed sentencing range rejected.
The appellants sought leave to appeal their sentences for failing to provide the necessaries of life, arguing that previous case law established a sentencing range of four to eight months for first offenders.
The Court of Appeal disagreed that the cited case established such a range.
Finding no error of law, the court refused leave to appeal.
Sentence appeal allowed; 90-day intermittent sentence reduced to 20 days due to trial judge's error regarding mandatory minimums.
The appellant appealed her sentence of 90 days intermittent, probation, and a five-year driving prohibition for an impaired driving offence.
The trial judge had imposed the 90-day sentence under the mistaken belief that the appellant had two prior qualifying convictions, making 90 days the mandatory minimum.
The Crown acknowledged that the actual mandatory minimum was 14 days but argued the 90-day sentence should be sustained.
The Court of Appeal allowed the appeal, noting the appellant's compliance with strict bail conditions for four years, and reduced the custodial sentence to 20 days intermittent.
Appeal from refusal of certiorari regarding preliminary hearing evidentiary rulings dismissed for lack of jurisdictional error.
The appellants appealed the dismissal of their application for certiorari regarding a preliminary hearing judge's evidentiary rulings.
The Court of Appeal dismissed the appeal, holding that the preliminary hearing judge's rulings on the relevance of evidence were within his jurisdiction, and certiorari is strictly a jurisdictional remedy.
The Court also noted that certiorari applications should rarely, if ever, be brought before a decision on committal for trial is made.
