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The Court of Appeal dismissed a family law appeal from a contempt finding, a 90-day jail sentence, and financial orders, holding the procedure was fair and the injunction covered new accounts.
The trial judge properly considered the operative sentencing principles, including restraint, and appropriately weighed mitigating factors; it was open to the trial judge to impose a 12-month custodial sentence and the appeal is dismissed.
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Appeal from sentence dismissed. The Court held the judge properly considered the appellant’s caregiving role and family collateral consequences before imposing the same custody term as the co-offender.
The Crown sentence appeal was allowed. The court replaced a 15-month conditional sentence for possession of child pornography with 10 months' custody and three years' probation.
Given the trial judge's findings of longstanding neglect, the number of animals affected, the degree of harm including deaths and euthanasia, and the offender's role and responsibility, the trial judge did not err in principle and the lifetime prohibition and 60 day intermittent custodial sentence are not demonstrably unfit; appeal dismissed.
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Given the unique facts, the s.34 assessment and the unanimous, concrete plan and commitment from community agencies at the s.19 case conference showing stable supports and measurable rehabilitation progress, a two-year probation order (the maximum non-custodial term) with stringent conditions, regular court check-ins, release of the s.34 report to the Provincial Director, a two-year firearms prohibition and a DNA order best satisfy the YCJA objectives of rehabilitation, reintegration and long-term protection; custody would have undone demonstrable progress and therefore was rejected with reas…
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The Court dismissed both appeals and upheld the nine-month custodial sentence plus 12 months probation because the sentencing judge lawfully balanced denunciation, general deterrence and rehabilitation, properly considered mitigating factors including youthful first-time offender status, and was entitled to impose imprisonment given the deliberate scheme to prevent electors from voting; additionally the Court refused to establish a fixed sentencing range for Canada Elections Act offences on the basis of a single case.
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A sentencing court may order restitution as a probation condition provided the condition is reasonable and the court considers the offender's means; the trial judge here considered means and the probation restitution was reasonable and is upheld (amended for payment timeline); however the $5,000 fine was quashed because the judge did not satisfy the s.734(2) requirement to assess ability to pay; the six-month custodial sentence for IP offences was demonstrably unfit and is reduced to two months consecutive.
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The Yukon Court of Appeal allowed a Crown sentence appeal in an impaired driving causing bodily harm case and substituted four months’ imprisonment for a fine and probation.
Although leave to appeal the sentence was granted, the court concluded that the custodial sentence and the five-year probation were appropriate given the appellant's record and the seriousness of the offences; the driving prohibition should not be reduced and the appeal was dismissed.
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