The appellant pleaded guilty to impaired operation of a conveyance and was sentenced to a $2,000 fine and an 18-month driving prohibition, which exceeded the Crown's position.
He appealed the sentence, arguing the sentencing judge failed to provide proper notice of considering a higher sentence and erred by not receiving documentary evidence of his counselling and community service.
The Summary Conviction Appeal Court dismissed the appeal, finding that the sentencing judge provided adequate notice at the outset of the hearing and that the failure to physically receive the documents did not impact the sentence, as the judge accepted counsel's representations regarding the mitigating factors but found the aggravating factors warranted a higher penalty.
