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Sentence appeal dismissed for breach of probation; the Court upheld a three-year probation order with no-contact and electronic monitoring conditions.
Applying the Anthony Cook public interest test, the court found the joint recommendation of concurrent one-year probation was within the acceptable range and not so unhinged from the circumstances as to bring the administration of justice into disrepute; therefore the court was legally bound to accept the joint submission and imposed suspended sentence with probation and conditions.
Source excerpt
Sentencing for break and enter, threats, and weapon possession, with Gladue factors, rehabilitation, and ancillary orders including probation and a weapons ban.
The Court of Appeal granted leave and allowed the appeal in part, varying a probation âNo Goâ condition from 100 kilometres to 100 metres as a proportionate protective restriction.
La Cour dâappel annule en partie une ordonnance de probation illĂŠgale après R. v. Shoker, en retirant des conditions de dĂŠpistage et de traitement, tout en maintenant la peine dâemprisonnement.
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