Sentencing for robbery involving a violent dog theft resulted in an 18-month conditional sentence order, house arrest, restitution, DNA order, and weapons prohibitions.
Leave to appeal granted but appeal dismissed because although the sentencing judge erred by not notifying parties before imposing a higher sentence, the appellant failed to show the omitted Indigenous/addiction evidence would have materially impacted the fit sentence; sentence therefore affirmed.
The court sentenced Brent Jameson Morgan to 912 days in custody for flight from police and dangerous driving, with Gladue factors reducing the Crown's proposed range.
The Court held the sentencing judge properly applied Gladue and other sentencing principles, there was no legal error warranting interference, the post-Sharma availability of conditional sentences does not automatically entitle the appellant to one, but on the facts and in light of uncontested fresh evidence of rehabilitation the Court permanently stayed the execution of the appellant's remaining incarceration and substituted an extended probation order while affirming the imposed sentence structure.
Leave to appeal was granted but the sentence appeal was dismissed. The Court held the sentencing judge properly applied totality, credit for pre-sentence custody, and rehabilitation principles.