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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.
Given elevated gravity (intercourse, victim asleep and intoxicated, significant impact, and commission while subject to a CSO) and countervailing mitigation (youth at time, post‑offence good conduct, low recidivism risk, strong supports), a penitentiary term was appropriate; conditional sentence was unavailable; balancing denunciation/deterrence with restraint for youth produced a proportionate sentence of two years imprisonment; mandatory DNA and weapons prohibition and custodial non‑communication orders were imposed; victim fine surcharge waived for undue hardship; offender proven on balanc…
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The Crown failed to prove beyond a reasonable doubt that the killing was the culmination of an escalating pattern of intimate partner violence; the offence is manslaughter by reckless discharge of a firearm placed in the middle portion of the manslaughter range given extreme voluntary intoxication, absence of planning or deliberate targeting, and significant Indigenous Sentencing factors; after a modest downward adjustment to give effect to a structured community reintegration plan the appropriate global sentence is six years and nine months imprisonment with enhanced pre-sentence credit (1.5…
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The court accepted the Anthony-Cook joint submission because the proposed sentence was not so unhinged from the circumstances as to bring the administration of justice into disrepute and it fell within the established range for similar offences and offenders. Applying sentencing principles including proportionality, Gladue, the offender's rehabilitation efforts, guilty plea, avoidance of retraumatization and the need for certainty, the court imposed a 545-day custodial sentence, granted 224 days credit for 149 days pretrial custody (1.5:1 ratio), leaving 321 days to serve, imposed a three-yea…
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Judge balanced the primacy of denunciation, deterrence and public protection for serious firearms offences against mitigating Gladue factors and evidence of rehabilitation in custody, found the defence explanation of accidental possession not credible, applied enhanced pretrial credit of 1,294 days to concurrent primary counts, concluded a federal sentence was necessary and imposed a global sentence of five years four months on Count 1 with a consecutive one year on Count 5 (global six years four months), together with ancillary orders including forfeiture, lifetime firearms prohibition, DNA…
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A conditional sentence was rejected because the offender's high moral blameworthiness—novice driver with a BAC of 168 mg/100mL, travelling at approximately 118 kph, causing three deaths—meant that community service of a CSO would not adequately satisfy the paramount objectives of denunciation and general deterrence; taking into account mitigating factors including youth, remorse, lack of criminal record, rehabilitation progress and Gladue factors, the appropriate and proportionate sentence was fixed at two years less a day custody, followed by three years probation with strict conditions, a t…
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The application for an extension of time was dismissed because the applicant failed to demonstrate any discernible merit or arguable point to a sentence appeal; the sentencing judge applied correct principles including Gladue factors and remand credit and imposed a sentence within the established range, so there is no justification in the interests of justice to extend time for leave to appeal.
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The joint submission for life with 13 years parole ineligibility is accepted because it falls within the established sentencing range for comparable offences (12–15 years) and appropriately balances the aggravating features (extreme brutality, opportunity to cease, ongoing violent sexual preoccupations, prior convictions) with mitigating factors (Gladue background, genuine remorse, guilty plea, rehabilitation efforts); acceptance does not undermine the administration of justice under Anthony‑Cook.
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The court accepted the joint submission under Anthony‑Cook, imposed a global sentence of 3.5 years (1,277 days) with the specified concurrent and consecutive breakdowns for indictments 77987‑2 and 79985‑2, credited pre-trial custody at 1.5x (519 days = 779 days) leaving 498 days remaining, and ordered ancillary measures including forfeiture, a 10‑year weapons prohibition and a DNA sample as in the joint submission.
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The Court of Appeal for Ontario dismissed Amanda Lee Batisse’s sentence appeal, holding that the five-year sentence was fit and effectively the statutory minimum.
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