Stuart W. Konyer

The appellant appealed his conviction and sentence.

He conceded the trial judge correctly stated the law but argued the verdict was unreasonable.

The Court of Appeal dismissed the conviction appeal, finding ample evidence to sustain the conclusion based on the circumstances leading up to a phone call and the clear language the appellant used with an undercover officer.

The sentence appeal was also dismissed, as the appellant was already serving an eight-year penitentiary term, had a substantial prior record, and the offence was serious and related to a police officer doing his job.

The young person pleaded guilty to aggravated assault following a swarming incident where the victim was repeatedly stabbed with a box cutter.

The youth court judge imposed a sentence of two years' probation.

The Crown appealed the sentence.

The Court of Appeal allowed the appeal, finding the probation sentence demonstrably unfit given the seriousness of the violent offence, the young person's role as the ringleader, and the devastating impact on the victim.

The sentence was varied to a nine-month custody and supervision order followed by six months' probation.