The Crown appealed the sentence imposed on the respondent.
The Court of Appeal noted that the sentence of 8 months, combined with credit for pre-trial custody and pre-trial bail equivalent to house arrest, amounted to the equivalent of a penitentiary term.
Although the sentence was lenient and at the low end of the range, the Court admitted fresh evidence showing the offender had resumed caring for his son and found employment.
The Court concluded the sentence was not so inadequate as to warrant interference and dismissed the appeal.