The Crown appealed a 60-day sentence imposed on the respondent for a third domestic assault against his same-sex partner.
The assault occurred less than 48 hours after the respondent's release from jail for a previous assault on the same victim, and in breach of release conditions.
The Court of Appeal found the trial judge erred by overemphasizing compassion and the victim's professional background as a psychiatrist, while giving insufficient weight to deterrence and denunciation.
The appeal was allowed and a sentence of 12 months was substituted.
