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On sentence appeal in a sexual interference case, the Court upheld the 17-month custodial term but varied an overbroad s. 161(1) order.
The Ontario Court of Appeal granted leave but dismissed Jamel Stewart’s sentence appeal, upholding a 30-month sentence for firearms offences.
The Court of Appeal for Ontario upheld Peter Nygard’s convictions and 11-year sentence, finding the expert-evidence error harmless, similar-fact use proper, and fresh sentencing evidence unhelpful.
The Ontario Court of Appeal dismissed the conviction appeal, granted leave to appeal sentence, and dismissed the sentence appeal in a criminal case involving Crown misconduct and CSAEM issues.
The court accepted the joint recommendation as within the acceptable range under applicable authority (including R v Wisdom and R v Anthony Cook), finding that a two-year federal sentence (go-forward) with two years probation adequately balanced denunciation/deterrence and the offender's mitigating factors (youth, Indigenous background, early guilty plea) given her limited role after the homicide; ancillary orders (DNA and 10-year firearms prohibition) were appropriate and the remand credit of 59 days was factored into the agreed sentence.
Source excerpt
After applying Friesen and Sheppard, weighing aggravating factors (young victim, father‑daughter trust, duration, frequency, escalation to penetration, severe psychological harm, confinement) against mitigation (first offender, pro‑social history, compliance with conditions, health issues), the court imposed an aggregate custodial sentence of eight years (individual sentences: s.155 incest 10 years; s.151 sexual interference 7 years concurrent; s.173(2) indecent act 2 years concurrent; s.279(2) unlawful confinement 2 years concurrent, reduced to 8 years for totality) and granted the Crown's a…
Source excerpt
The sentencing judge properly considered and balanced the appellant's family and child‑care collateral consequences, motive and guilty pleas against the significant gravity and moral blameworthiness of kilogram‑level cocaine trafficking; no error in principle was shown that affected the sentence, the fresh evidence failed the Palmer criteria, and therefore the three and one‑half year custodial sentence is maintained.
Source excerpt
On sentence appeal, the Court of Appeal reduced Deborah Oguntoyinbo’s global sentence, vacated the sentence on a withdrawn count, and adjusted restitution orders.
The sentencing judge erred as a matter of law by relying on Bratzer, an exceptional and materially distinguishable precedent, which led to a failure to apply the proportionality principle and the primacy of denunciation and deterrence; the Court allowed the Crown appeals, set aside the conditional sentence and substituted a fit global sentence of four years' imprisonment with specified surrender and credit directions.
Source excerpt
Ontario Court of Appeal dismissed a challenge to the screening dismissal of a faint hope application under s. 745.6, finding no reviewable error and no unreasonableness.
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