Robert C. Sheppard

The youth appellant was convicted of robbery, trafficking, and other offences, and sentenced to 33 months in custody in addition to six months of pre-sentence custody.

The appellant appealed, arguing the effective 39-month sentence exceeded the three-year maximum under s. 42(15) of the Youth Criminal Justice Act.

The Court of Appeal allowed the appeal, holding that pre-sentence custody must be included when calculating the maximum sentence.

The sentence was reduced to 30 months, and a concurrent probation order was struck down for lack of jurisdiction.

The young offender appealed his sentence for armed robbery and other offences.

The trial judge had imposed a 33-month custody sentence in addition to 6 months of pre-trial custody, resulting in an effective sentence of 39 months.

The Court of Appeal held that under s. 42(15) of the Youth Criminal Justice Act, the total sentence cannot exceed the 3-year (36-month) maximum, and pre-trial custody must be included in this calculation.

The appeal was allowed, the sentence was reduced to 30 months, and an improperly imposed probation order was struck.

The appellant was convicted of operating a motor vehicle while impaired.

His appeal to the Summary Conviction Appeal Court was dismissed.

He sought leave to appeal to the Court of Appeal, arguing the trial judge applied the wrong test and the verdict was unreasonable.

The Court of Appeal dismissed the appeal, finding the trial judge correctly assessed the evidence of impairment, including the appellant's high rate of speed, abrupt stop, and slurred speech, and that the verdict was not unreasonable.