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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 Ontario Court of Appeal dismissed Kenneth Greer’s sentence appeal and upheld a five-year global sentence for offences arising from escalating intimate partner violence and firearms offenses.
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.
On a guilty plea to perjury, the court held a conditional sentence was not suitable and imposed 20 months’ imprisonment, emphasizing denunciation and deterrence.
The court accepted the jointly recommended sentence because it was within the appropriate range given the gravity of the offences, the offender's responsibility, and the Friesen direction to emphasize denunciation and deterrence; acceptance of the joint submission was consistent with Anthony-Cook as it was not unhinged from the circumstances or contrary to the public interest, and ancillary protective orders were imposed as recommended.
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The Ontario Court of Appeal dismissed Augustus Francois’s sentence appeal for robbery and attempted robbery, holding the sentence was fit and immigration consequences did not justify a lesser one.
The original sentence was illegal because probation cannot follow a custodial term over two years; that illegality affected the custodial component such that appellate resentencing was warranted, and a six year custodial sentence properly reflects the gravity of the offence, offender culpability and the sentencing objectives of denunciation and deterrence; accordingly the probation order was set aside, the custodial term increased to six years and the respondent must be reincarcerated to serve the remaining portion of that sentence (majority).
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A custodial sentence of nine months was necessary because the aggravating factors (senior position of trust as CEO, prolonged and numerous personal uses of public resources, motive of greed, lack of meaningful insight, reputational and institutional harm) outweighed mitigating factors (first offender, repayment); a CSO would not adequately achieve denunciation and deterrence in this case; impose 9 months custody, 24 months probation, ancillary order under s.380.3 for 10 years, and waive victim fine surcharge.
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The joint submission was accepted as fit after consideration of the agreed facts, aggravating factors (manufacture of restricted firearms and trafficking large quantities of controlled substances, prior drug conviction) and mitigating factors (guilty plea, family support, employment history, dated prior conviction), resulting in sentences of 3 years (Count 1), 4 years (Count 3) and 5 years (Count 4) with Counts 3 and 4 concurrent and consecutive to Count 1 for a global term of eight years, plus ancillary orders including firearms prohibitions, DNA order and forfeiture (with certain third-part…
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Given the gravity of intimate-partner sexual assault and the primacy of denunciation and deterrence, but having found significant mitigating factors (notably alcohol-use disorder reducing moral culpability, absence of prior violent record, stable community supports and manageable risk), the Court concluded a community-based punitive sanction (a 10-month conditional sentence order, adjusted to account for 11 months remand credit) was fit; concurrent sentencing applied to the sexual assault and assault counts while threats and breach counts were consecutive; ancillary orders (DNA, 10-year SOIRA…
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