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The Court of Appeal allowed the appeal, holding the sentencing judge misapplied the Anthony-Cook test by using a conventional sentencing approach to reject the joint submission.
On a guilty plea to manslaughter, the court imposed a 9-year sentence on Elwood Terry Poorman, applying Gladue factors, pre-trial credit, and ancillary orders.
The court accepted the Crown's concession that the Gladue report, tendered as fresh evidence, warranted variation of the sentence and accordingly varied the sentence to a global seven years less 2.5 months pre-trial custody (calculated as 50 days at 1.5). The court declined the appellant's request for a 6-year global sentence and declined credit for house arrest because the appellant breached bail and absconded; it substituted specific component sentences (6 years for robbery; counts 5 and 6 one year concurrent to each other but consecutive to the robbery) reflecting a global seven-year sente…
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Sentencing for child-pornography offences in which the accused received concurrent custodial terms, enhanced pretrial credit, a conditional stay on one count, and multiple ancillary orders.
After a jury conviction for sexual assault, the court imposed 18 months’ imprisonment and 18 months’ probation, with ancillary orders and a waived victim surcharge.
Youth sentencing decision under the YCJA for a violent home invasion. The court refused an adult sentence and imposed a youth sentence with custody, supervision, probation, and strict conditions.
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