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Morgen Taylor was sentenced to a two-year-less-one-day conditional sentence, plus three years' probation, for aggravated assault causing catastrophic injury.
The Court of Appeal dismissed the Crown’s sentence appeal, holding that a harsh conditional sentence, probation, restitution and SOIRA conditions were not demonstrably unfit.
The Court held that the sentencing judge did not err in principle or exercise of discretion, gave adequate consideration to relevant sentencing principles including proportionality and restraint, and reasonably concluded termination of the conditional sentence and commitment for the balance of the sentence was appropriate given the appellant's second deliberate breach and the seriousness and global context of the original offences; therefore the sentence was not demonstrably unfit.
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The court imposed a conditional sentence of two years less one day for sexual touching of a child under 14, with strict supervision, curfew, counselling, and ancillary orders.
The court found that a conditional sentence was not available because it was not satisfied that serving the sentence in the community would not endanger community safety given the accused's pattern of violent offending, repeated breaches of court-imposed constraints including deliberate flight from the jurisdiction, and the absence of demonstrated rehabilitation; accordingly the court imposed consecutive custodial sentences (6 months and 2 months) followed by probation and restitution.
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The sentencing judge overemphasized rehabilitation and under‑weighted denunciation and general deterrence for a vicious aggravated assault on an on‑duty police officer; the suspended sentence was clearly unreasonable and must be replaced with a custodial sentence of two years less one day, to be served in the community under strict, punitive conditions to address both denunciation/deterrence and rehabilitation.
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The sentencing judge erred in principle by failing to consider the respondent's jumping bail and its implications for responsibility, compliance and community safety; the conditional sentence as originally imposed was demonstrably unfit, but given the respondent's post-sentence compliance and ongoing counselling the Court allowed the appeal and varied the sentence by extending the conditional sentence rather than imposing immediate custody, to achieve denunciation and deterrence while preserving rehabilitation.
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The court upheld a 15-month jail sentence and three years’ probation for a mother who pleaded guilty to assault causing bodily harm to her infant daughter.
The Court of Appeal upheld an 18-month custodial sentence for sexual offences against children, finding no error in refusing a conditional sentence.
The Court of Appeal allowed the sentence appeal and replaced an 18-month custodial sentence for sexual assault with an 18-month conditional sentence.
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