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Sentencing for careless storage of firearms, possession of a loaded restricted firearm, and cannabis possession for the purpose of selling, with Gladue factors considered.
Sentencing for fraud, personation, forgery, theft and assault committed while impersonating a nurse. Most terms run concurrently, with assault counts consecutive.
The sentencing judge breached the appellant’s right to be heard by finding an intention to kill without notice, and also failed to apply settled principles for youthful first-time adult offenders, consider family separation consequences, and explain concurrent/consecutive choices; these errors required resentencing and substitution of a three-year custodial sentence (less 29 days pre-sentence credit) with specified concurrent allocations.
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Oral sentencing reasons in which the court imposed a global two-year custodial sentence, 24 months’ probation, a DNA order, and waived the victim surcharge.
The court sentenced Parmvir Sunner for fentanyl and other trafficking convictions and failure to remain at the scene, imposing a custodial sentence and probation.
The application under Rule 26(2) is allowed and the formal order is amended to make explicit that the substituted seven year sentence is to be reduced by the remand credit as granted by the trial judge; Rule 26(2) permits correction of the order to express intent but does not permit changing the decision itself.
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Given the offender's extensive and related record of breaching court orders involving the same vulnerable victim, the need for denunciation and deterrence required custodial sentences for each offence, but applying the totality principle and remand credit the court reduced the aggregate punishment to avoid an excessive or crushing sentence, resulting in an effective custodial term of 151 days to be served after crediting remand.
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Applying Adams multi-step methodology, the court determined individual appropriate starting sentences for each offence, grouped temporally and factually-linked offences for concurrency, ordered other groups consecutive, applied totality to reduce the cumulative 102-month baseline to a proportionate global sentence of 54 months, applied a 6-month remand credit (applied to the 24-month CDSA count reducing it to 18 months), and imposed ancillary orders including restitution, forfeiture, DNA designation and a s.109 firearm prohibition consistent with proportionality and deterrence.
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The trial judge's credibility findings were supported by the evidence; the medical testimony did not establish that the appellant was physically incapable of committing the assaults and the judge reasonably accepted the complainant's account. Although imposing progressively escalating sentences for each offence was an error in principle, that error did not render the total sentence of 7.5 years unfit given the gravity of three separate sexual assaults, the appellant's position of trust and the complainant's vulnerability; therefore conviction appeal dismissed and sentence of 7.5 years affirme…
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Judge found the firearm was possessed and used as a tool of drug trafficking, placing conduct at the serious end of the Nur spectrum; applied Gladue factors to mitigate some breach sentences but not to materially reduce sentences for drug trafficking or dangerous firearm possession; imposed specified concurrent and consecutive terms resulting in aggregate custodial sentence of six years and six months before credit, applied 1.5:1 remand credit for 86 days (129 days credit) yielding net sentence of 6 years, 2 months and 9 days; stayed three overlapping counts under Kienapple; ordered forfeitur…
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