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The court set aside Trevor Holsworth’s tax conviction appeal and ordered a new trial, finding the trial judge failed to advise a self-represented accused about the due diligence defence.
Balancing the aggravating features (serious injury and BAC of 150 mg/100 mL) against significant mitigating and Gladue-type factors (severe childhood trauma, community support, employment history, low risk of reoffending and statutory five-year DMV revocation), the court concluded a custodial sentence would be excessive; purposes of sentencing can be met by a substantial fine and a tailored 24-month probation order with rehabilitative and restrictive conditions plus a 24-month driving prohibition.
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