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Sentencing after a guilty plea for sexual assault: the court accepted a joint submission, imposed a 24-month-less-a-day CSO and probation, and granted a SOIRA exemption.
The appeal was allowed after the sentencing judge rejected a joint submission without properly applying Anthony-Cook. The 12-month probation term was restored.
The appeal fails because the record shows Gladue considerations were raised, a Gladue report could not be prepared after investigation could not confirm ancestry, the joint submission explicitly accounted for Indigenous background and rehabilitation, the trial judge lawfully accepted the joint submission under Anthony-Cook, and the trial judge expressly considered COVID-19 lockdown and pre-sentence custody credit; there is no basis to vary the sentence.
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The court accepted a joint submission and sentenced Michael John Dubensky to six years total for two fentanyl/carfentanil trafficking offences, with ancillary orders and no victim surcharge.
On a guilty plea to second degree murder, the court accepted a joint submission and imposed life imprisonment with 15 years parole ineligibility.
The joint recommendation was accepted because the proposed five‑year federal custodial sentence, consecutive to the sentence the offender was serving, was proportionate to the gravity of the offence and offender's high moral blameworthiness, reflected the significant aggravating factors (major violent sexual assault, restriction of breathing, assault in victim's home, victim vulnerability and lasting psychological harm), and was not so contrary to the public interest as to bring the administration of justice into disrepute; ancillary orders (life firearms prohibition, DNA order, life SOIRA de…
Source excerpt
The British Columbia Court of Appeal granted leave but dismissed a sentence appeal in a child sexual interference case, finding no reversible error or demonstrably unfit sentence.
The court sentenced Curtis Wayne Sagmoen for assault causing bodily harm, imposing one day plus time served, 36 months' probation, a weapons ban, and a DNA order.
Appeal allowed in part after the court found procedural unfairness in rejecting the Crown’s concession without notice; conviction and sentence were substituted for simple possession.
Appeal from a sentence where the judge rejected a joint submission. The Court of Appeal held the Anthony-Cook test was misapplied and restored the five-year sentence.
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