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The Yukon Court of Appeal granted leave but dismissed the Crown’s sentence appeal, upholding strict non-custodial sentences for domestic violence and related offences.
The Court held there was no error in principle in the trial judge's sentence; the two years less one day custodial sentence with two years probation and concurrent lesser sentences was proportionate given commercial trafficking notwithstanding the appellant's addiction and rehabilitative prospects, and the appeal was dismissed.
Source excerpt
Sentencing reasons for a guilty plea to home invasion offences involving a replica firearm, with a global sentence of 10 years and a life firearms prohibition.
Sentencing reasons for Justin James William Upton on firearms and masking offences arising from a planned home invasion and drug rip. A six-year global sentence and ancillary orders were imposed.
The Court of Appeal for British Columbia granted leave but dismissed Mr. Joseph’s sentence appeal, upholding a conditional sentence and rejecting his claim for enhanced credit.
An off-duty RCMP officer convicted of attempting to obstruct justice received a 12-month conditional sentence with house arrest, curfew, treatment, and other strict terms.
Sentence for criminal negligence causing death and failing to remain at the scene, with consecutive custody terms, a 12-year driving ban, and a DNA order.
Sentencing reasons for Thomas Tyson Seitcher on a manslaughter plea, addressing credit for time served, Aboriginal sentencing factors, and a conditional sentence.
The trial judge erred in principle by treating the appellant's plea to manslaughter as fully accounting for intoxication contrary to R v Stone and by failing to give adequate weight to the appellant's aboriginal status pursuant to s.718.2(e) and the Gladue/Wells jurisprudence; accordingly the sentence was reduced to reflect those mitigating considerations and available restorative options.
Source excerpt
The Crown appeal succeeded because the conditional sentence was illegal under the mandatory minimum. The Court substituted one day of imprisonment and left probation intact.
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