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The Court of Appeal for Ontario dismissed a sentence appeal in a sexual assault case, holding the four-year custodial sentence was fit and free of reversible error.
The sentencing judge did not commit an error of principle or law; the 18‑month probation order with the imposed conditions is fit, proportionate and not demonstrably unfit, and a conditional discharge would have been contrary to the public interest; appeal dismissed.
Source excerpt
The Ontario Court of Appeal upheld Justine Cairns-Cushman’s conviction for drug trafficking and refused to reduce her sentence based on post-sentence rehabilitation.
The Ontario Court of Appeal found the conditional sentence demonstrably unfit for serious firearm offences, but declined to order reincarceration because of fresh evidence and health concerns.
Although the offending was grave (trafficking multiple dangerous drugs while on a prior community order and with 13 prior trafficking convictions), the judge found duress and lifelong trauma significantly diminished moral blameworthiness and objective, sustained rehabilitation and over two years' compliance with strict interim release demonstrated a minimal risk of reoffending; accordingly a fit global sentence is two years less a day to be served conditionally, followed by three years' probation, with ancillary orders (lifetime firearm prohibition, DNA order, forfeiture, $1,200 victim surcha…
Source excerpt
The Ontario Court of Appeal granted leave to appeal but dismissed the sentence appeal, upholding a 7-year global sentence for loaded firearm possession and denying Downes credit.
Sentencing reasons in a firearms case where the offender received a two-years-less-one-day conditional sentence, based on Gladue factors and exceptional rehabilitation.
The court sentenced Randall Stanley Budd to an 18-month conditional sentence order for possessing methamphetamine for the purpose of trafficking, with strict treatment-based conditions.
The court sentenced Charlene Alexander for second degree murder to life imprisonment with 10 years parole ineligibility, after weighing Gladue factors, remorse, and rehabilitation.
The Federal Court dismissed judicial review of a temporary resident permit refusal, finding the officer considered the family evidence and no procedural fairness breach occurred.
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