P. Napier

The accused was found guilty of 10 counts related to discharging a firearm at a crowded shopping mall on Boxing Day, striking the victim in the foot.

The Crown sought a 10-year global sentence, while the defence sought 7 years.

The court emphasized denunciation and deterrence, noting the extreme recklessness of the act, but acknowledged the lack of serious injury and the accused's relatively young age.

The court imposed a global sentence of 8 years imprisonment, consisting of 7 years for the shooting and 1 year consecutive for possessing a firearm while prohibited, less 2.5 years credit for pre-sentence custody.

The Crown appealed a conditional discharge imposed on the respondent for an unprovoked attack on a pregnant public transit operator.

The Crown argued the sentence failed to reflect denunciation and deterrence and was contrary to the public interest.

The Superior Court of Justice dismissed the appeal, finding the sentencing judge properly balanced the sentencing principles, including the respondent's mental health issues and status as a first-time offender, and correctly applied the principles for conditional sentences.