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Appeal from sentence dismissed. The Court held the judge properly considered the appellant’s caregiving role and family collateral consequences before imposing the same custody term as the co-offender.
The Court upheld the consecutive sentence because the events underlying the firearm possession offences were separate from the pointing offences and the appellant did not establish that the total five year sentence was demonstrably unfit; appellate deference to the sentencing judge was dispositive.
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The application judge applied the correct 'any evidence' threshold and appropriate deference to the preliminary inquiry judge; the evidence of threats was sufficient to establish a willful attempt to obstruct justice under s.139(3), so the committal for trial was properly ordered and the certiorari application was correctly dismissed.
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The Court of Appeal dismissed bail pending appeal applications by two appellants convicted of prostitution-related offences and obstruction of justice, but expedited their appeals.
The appeal is dismissed because the sentencing judge did not commit an error in principle: the reference to attempting to burn the car was a reasonable inference from the Agreed Statement of Facts and, in any event, did not impact the sentence; the global four‑year sentence was not demonstrably unfit and was properly adjusted under the principle of totality.
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On the evidence the Crown proved beyond a reasonable doubt that the accused intentionally assaulted the complainant causing bodily harm, that her consent to sexual activity was vitiated by fear of further violence (sexual assault), that the accused unlawfully confined her by creating a violent environment that restricted her freedom, that he knowingly made threats, and that he took $420 by exploiting her fear; the s.601 amendment to Count 9 was denied as untimely and prejudicial, so Count 9 failed.
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The Crown failed to prove beyond a reasonable doubt that the accused intended to intimidate (threaten death) or intended to obstruct the course of justice given ambiguity of words and context, resulting in acquittals on counts 1 and 2; the Crown proved beyond a reasonable doubt that the accused deliberately and flagrantly breached recognizance conditions by directly addressing the protected complainant in court, resulting in convictions on counts 3 and 4 and imposition of custodial and probationary sentences with remand credit applied at 1.5:1.
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Appeal dismissed in a criminal case involving sexual offences, child pornography and obstruction. The court upheld the convictions and found no error in the jury instructions.
The Crown failed to prove beyond a reasonable doubt that Det. Constable Sayer was acting in the execution of his duty when he attempted to arrest D.T. (the subjective belief of imminent assault lacked adequate objective support); therefore the accused cannot be convicted under ss.270(1)(a) or 129(a), but the evidence did establish the included offence of simple assault by D.T. and S.J.; T.G. was acquitted of all charges.
Source excerpt
Sentencing for multiple personation, forged credit-card, and obstruction offences ended in jail, probation, and restitution after the court rejected a conditional sentence.
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