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Sentencing reasons for Aaron James Dunlop: a global custodial sentence, probation, a DNA order and a 10-year firearms prohibition were imposed for assault, weapons and breach offences.
Because the offender acted as a lookout and has significant cognitive impairments and rehabilitative supports, his degree of responsibility is lower than principals; applying proportionality, parity and totality the appropriate penalty for the most serious offence (break and enter/theft) is reduced into a 21–24 month range; the aggregate effective sentence is less than two years so a Conditional Sentence Order of 23 months less one day in the community under strict conditions is both available and appropriate; concurrent short terms imposed for theft of vehicle and flight from police and a co…
Source excerpt
Given the aggravating factors (longstanding grooming, abuse of position of trust, persistence, minimal mitigation and poor prospects for rehabilitation) a fit sentence is five years' custody for the principal sexual touching offence (s.153(a)) with the s.151 offence stayed as duplicative; a 12-month sentence on s.271(1)(a) to be served concurrently with the five-year term; two indictable breaches of s.145(3) each sentenced to six months custody concurrent to each other but ordered consecutive to the five-year sentence; pre-sentence custody of 107 days was credited at 1.5:1 (160.5 days) pursua…
Source excerpt
Court accepted the joint recommendation and sentenced the accused to time served (one year and two weeks) on s.423.1(b), imposed the mandatory minimum three years custody for the s.95(1) weapons offence starting immediately, imposed 30 days for the s.145(3) breach to be served concurrently, granted the s.109 order and s.487 DNA order, and waived victim fine surcharges.
Source excerpt
The Court of Appeal upheld sentence dispositions for repeated breaches of a recognizance protecting children, including jail and a three-year probation order.
The Court of Appeal upheld concurrent custodial sentences for breach of recognizance and sexual assault, but set aside a 20-year s.161 order and replaced it with a probation condition.
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