R. v. Leiviska

R. v. Leiviska

The appeal is dismissed because the sentencing judge did not err in law or principle; the decision to impose a one‑year suspended sentence rather than a conditional discharge was within judicial discretion and was principally motivated by the legitimate objective of general deterrence in domestic violence cases; the...

Source-derived case information.

Citation
2010 BCSC 1338
Parties
Respondent (crown): Regina; Appellant (accused): Kari Leiviska
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 July 2010
Procedural Posture
Criminal Appeal (assault) / Appeal From Provincial Court Sentencing
Outcome
Appeal dismissed
Legal Topics
Assault, Sentencing, Conditional Discharge, Suspended Sentence, Appellate Review
Source Language
english
Criminal Law Domestic Violence Assault Sentencing Conditional Discharge Suspended Sentence Appellate Review

Source-derived case record

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Parties

Regina

Respondent (crown)

Kari Leiviska

Appellant (accused)

Procedural Posture

Criminal Appeal (assault) / Appeal From Provincial Court Sentencing

Legal Issues

  1. 1 Whether the guilty plea or its consequences should be set aside or interfered with on appeal
  2. 2 Whether the sentencing judge erred by relying on a photograph of the complainant
  3. 3 Whether a conditional discharge was appropriate versus a suspended one‑year sentence

Ratio Decidendi

The appeal is dismissed because the sentencing judge did not err in law or principle; the decision to impose a one‑year suspended sentence rather than a conditional discharge was within judicial discretion and was principally motivated by the legitimate objective of general deterrence in domestic violence cases; the photograph was not decisive and would not have altered the result on the record before the court.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Original sentence of one‑year suspended sentence with conditions imposed by the Provincial Court is confirmed