R. v. M.F.T.

R. v. M.F.T.

The trial judge properly considered mitigating and aggravating factors, committed no error of principle and reasonably concluded that denunciation and deterrence required a custodial sentence; the six month concurrent custodial sentence was not demonstrably unfit and is therefore upheld.

Source-derived case information.

Citation
2013 BCCA 20
Parties
Respondent: Regina; Appellant: M.F.T.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
11 January 2013
Procedural Posture
Criminal Sentencing Appeal / Appeal to Court of Appeal (judgment)
Outcome
Appeal dismissed; sentence upheld
Legal Topics
Assault Causing Bodily Harm, Sentence Appeal, Denunciation and Deterrence, Conditional Discharge, Intermittent Sentence
Source Language
english
Criminal Law Sentencing Assault Causing Bodily Harm Sentence Appeal Denunciation and Deterrence Conditional Discharge Intermittent Sentence

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Parties

Regina

Respondent

M.F.T.

Appellant

Procedural Posture

Criminal Sentencing Appeal / Appeal to Court of Appeal (judgment)

Legal Issues

  1. 1 Whether the trial judge erred in law in applying sentencing principles
  2. 2 Whether the six month continuous custodial sentence is demonstrably unfit
  3. 3 Whether a conditional discharge or an intermittent sentence would have been appropriate

Ratio Decidendi

The trial judge properly considered mitigating and aggravating factors, committed no error of principle and reasonably concluded that denunciation and deterrence required a custodial sentence; the six month concurrent custodial sentence was not demonstrably unfit and is therefore upheld.

Court Disposition

Appeal dismissed; sentence upheld

Orders

  • Appeal dismissed.
  • Convictions and sentence of six months' imprisonment (concurrent on two counts) upheld.