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The Ontario Court of Appeal upheld convictions in a multi-count domestic and sexual violence case, but reduced the net sentence from seven years to five years for failing to apply restraint.
The appeal is dismissed because the sentencing judge acted within her discretion: she properly weighed aggravating and mitigating factors, reasonably concluded that denunciation and deterrence warranted a 12 month custodial sentence given the assault on a healthcare worker in a small community and the demonstrable impact on service delivery, and although she should have given parties an opportunity to respond to an inaccessible unreported case she relied on, that procedural omission was not material and would not have affected the sentence.
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The Court of Appeal upheld convictions for fentanyl trafficking and firearm possession, but reduced the trafficking sentence from 13 years to 10 years for a youthful first offender.
The sentencing judge committed reversible error by failing to consider and apply the principle of restraint and by giving undue weight to Lacasse to justify harsher treatment of a first‑time offender; she neglected mitigating factors (first offender, early plea, mental health, rehabilitation potential) and therefore imposed an excessive penitentiary sentence — the appropriate remedy was substitution of time served and three years' probation with conditions.
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The Court dismissed the appeal and held the sentencing judge did not err in principle and did not impose a demonstrably unfit sentence in imposing a lifetime driving prohibition: given the seriousness of the offence, the prior related dangerous conduct, psychiatric evidence of unmanaged risk, and the discretionary nature of ancillary orders, a lifetime prohibition was an open and reasonable sentencing choice subject to Parole Board review after ten years.
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Denial of interim release because, although the Crown consented and the applicant will surrender, the public interest criterion was not met: the offences involved a drive-by shooting targeting civilians, the sentencing ground was weak and unlikely to succeed, and release would undermine public confidence and safety; therefore detention pending appeal was necessary.
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The sentencing judge considered Gladue material and the principle of restraint, weighed mitigating and aggravating factors against the serious facts (including multiple firearms, threats, prior relevant convictions and institutional conduct), and did not commit an error of law or principle; the global four-year sentence with 33 months credit (resulting in 15 months to be served) is not demonstrably unfit, so the appeal fails.
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The sentencing judge did not err in refusing a conditional sentence because, given the seriousness of the sexual assault and distribution of intimate images and their devastating impact, denunciation and general deterrence required a custodial sentence; the judge considered addiction and rehabilitation prospects and his sentencing decision is owed deference and is not demonstrably unfit.
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Appeal from a nine-year global sentence for kidnapping and related violence was dismissed; fresh evidence about a prison assault and new medical issues was not admitted.
The Court held the trial judge did not err: admitting evidence of the complainant’s prior consistent statements from the preliminary inquiry was proper to correct a distorted impression and to rebut an implicit allegation of recent fabrication; the mid-trial and final jury instructions adequately limited the use of those statements; the custodial sentence of 5.5 years was not demonstrably unfit and the principle of restraint was considered; by consent the lifetime SOIRA registration was reduced to a 20-year term.
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