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The Ontario Court of Appeal dismissed most of a sentence appeal in a child sexual offence case, set aside one unavailable prohibition order, and admitted fresh Gladue-related evidence.
Balancing significant aggravating factors (commission while on statutory release, extensive and escalating criminal record, need for specific deterrence) against mitigating facts (brief confinement under one minute, no weapon, no physical injury, not a planned hijacking and mid-to-low moral blameworthiness), the appropriate individual sentences are 12 months for unlawful confinement and 60 days concurrent for resisting arrest; applying enhanced remand credit of 224 days (121 days remand credited at 1.5:1 plus accounting adjustments) yields 141 days remaining to be served; lifetime weapons pro…
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Sentencing reasons in a sexual assault case: 45 months’ total imprisonment, with ancillary orders including a lifetime weapons ban, DNA order, probation, and sex-offender registry registration.
The Youth Criminal Justice Act limits the duration of prohibition orders against young persons to two years (s.51(4)); a five-year weapons prohibition imposed on the appellant exceeded statutory authority and was therefore invalid and must be set aside; because the appellant had already been subject to a weapons prohibition for more than two years, no replacement order was necessary.
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Sentence for producing methamphetamine: three years’ imprisonment, plus weapons prohibition, DNA order, forfeiture, and a stay of remaining counts.
The joint submission of five years' imprisonment is accepted as fit and proportionate given the large quantity of cocaine (952g), the offender's prior record and parole status, his early guilty plea and cooperation, and the need for denunciation and deterrence; accordingly the court imposed five years' imprisonment to be served consecutively to any current sentence, plus ancillary orders (victim surcharge, DNA collection specifying cocaine, life weapons prohibition, forfeiture).
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The joint submission was within the permissible range and was accepted; remand credit was declined because the accused had been on bail for related matters; aggravating factors (violent robberies, targeting an ATM user, significant victim impact and commission while on bail) warranted a strongly denunciatory sentence but the accused's age required preservation of rehabilitation prospects, resulting in a five-year global sentence comprised of a four-year sentence for the Connors robbery with a consecutive one-year sentence for the MacKinnon robbery, concurrent short sentences on remaining coun…
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The appropriate sentence is determined by established sentencing principles and comparative case law and must be imposed concurrent to the existing life sentence; the Crown's proposed 12 years exceeded the comparable range for the offences pleaded and the Court imposed concurrent sentences resulting in a nine-year federal sentence on a go-forward basis with limited remand credit and ancillary orders.
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Given the seriousness of the controlled drug offences, the offender's record and breach of court order, and the need for denunciation and deterrence, the court accepted the joint recommendation and imposed a custodial sentence of six months (concurrent on the drug counts, consecutive to existing sentences), a concurrent 30‑day sentence on the breach, followed by two years probation with strict conditions and a ten‑year firearms prohibition plus a lifetime prohibition on restricted weapons.
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The appellate court concluded that, given the seriousness of the offence, a ten-year prohibition under s.110 was appropriate and that the lifetime ban under s.109 should be struck; accordingly the lifetime s.110 prohibition was varied to ten years and the appeal was allowed.
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