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The Court of Appeal allowed the appeal, set aside the conviction for assault causing bodily harm, and substituted a conviction for common assault after a mutual plea mistake.
La apelación contra la condena por asalto común fue desestimada, pero se permitió la apelación contra la orden de ADN por razones insuficientes y se remitió el asunto.
Given the use of a knife to inflict a serious, permanently scarring injury to the victim's face, the offender's record, his flight from police and limited near-term prospects for rehabilitation, a custodial sentence of four years was the least restrictive sentence that reflected his moral culpability; related offences receive short concurrent sentences; ancillary orders (life weapons prohibition, DNA, forfeiture) and restitution for lost wages are appropriate.
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The appeal is dismissed because the trial judge gave adequate reasons, properly applied the W.(D.) framework, reasonably treated minor inconsistencies as not undermining the complainant's credibility, rendered a permissible verdict accepting the complainant on one incident and having reasonable doubt on another, and imposed a tailored sentence within range considering required sentencing principles; absent palpable and overriding error or fresh evidence regarding COVID administration of intermittent sentences, appellate interference is not warranted.
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Sentencing for aggravated assault and two common assaults after a beach confrontation in Penticton. The court imposed a five-year global sentence before credit, with Charter and Gladue issues considered.
Given the absence of convictions for assault causing bodily harm, the mitigating factors (remorse, youth, lack of record, family supports, insight), the intimate relationship context and comparable jurisprudence on common assault, custody was not necessary; a 12‑month suspended sentence concurrent on the three counts with 12 months probation and ancillary orders best accomplishes sentencing objectives.
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The Court held the trial judge was entitled to find corroboration in the complainant fleeing the accused's home naked in February and in neighbours' descriptions of her state and demeanor; those findings provided sufficient corroboration and no error was made in applying W.(D.), therefore the conviction must be upheld.
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Sentencing after conviction for assault causing bodily harm and common assault, with concurrent custody, probation, weapons bans, and DNA orders.
The Crown conceded error; accordingly, pursuant to s.686(1)(b)(1) of the Criminal Code and by consent, the Court set aside the conviction for assault causing bodily harm and substituted a conviction for common assault; the sentence was already served.
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The appeal is dismissed because the trial judge's findings of credibility and factual inferences were reasonable and supported by the evidence, and the verdicts were ones that a properly instructed trier of fact could reasonably have rendered; appellate intervention was not warranted.
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