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Sentencing for assault with a weapon and dangerous driving arising from a vehicle incident at a Victoria protest. The court imposed 12 months’ imprisonment, concurrent 30 days, and probation.
The sentencing judge erred in principle by (1) treating the expert risk assessment as of limited or no value based on the absence of agreed facts without evidence the expert's opinion would change and by holding the appellant personally responsible for that omission, and (2) treating the appellant's mental health issues as a neutral factor when there was no basis to do so; those errors impacted the sentence and warranted reducing the sentence from six to five years concurrent, while upholding the application of the intimate partner aggravator.
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Appeal from Law Society discipline partly succeeded: the court upheld misconduct for failing to make reasonable inquiries in suspicious circumstances, but set aside the client-identification finding.
The Court of Appeal dismissed a sentence appeal for sexual assault, holding the judge did not err in assessing mental health and childhood trauma, and the two-year jail term was fit.
Leave to appeal sentence granted; the 12‑month sentence for distribution of child pornography is not demonstrably unfit and is upheld; the sentence for child luring was demonstrably unfit and is reduced to 12 months, to be served consecutively, producing a total of 24 months imprisonment; the Court declined to decide the Charter s.12 challenge to the mandatory minimum for distribution because it would not affect the result and resolution is better left to the Supreme Court of Canada.
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Sentencing reasons in a sexual offences case involving a minor, where the court imposed 48 months on the main count, concurrent 90-day terms, and ancillary orders.
Judicial review of an RCMP conduct appeal was dismissed. The Court found no breach of procedural fairness and held the dismissal sanction was reasonable overall.
The sentencing judge committed errors in principle by failing to account for the appellant's suicidal intent and the attenuated danger to the public and by failing to determine whether there was a causal link between the appellant's mental health/addiction and the offence; those errors affected the sentence and warranted appellate substitution of a two-year-less-a-day conditional sentence on agreed terms.
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Appeal from a fentanyl trafficking sentence dismissed. The Court of Appeal held the judge properly considered mitigation, parity, and exceptional circumstances, and the 12-month custodial term was not unfit.
Given the high statutory maximum but the offender's low degree of moral blameworthiness, youth, lack of prior record, cooperation, genuine remorse, demonstrable rehabilitation efforts and compliance with strict release conditions, the appropriate and proportionate sentence is to suspend passing of sentence and impose a 36-month probation order with strict residential, supervisory, treatment, community service and non-association conditions; impose mandatory DNA collection under s.487.051 and a ten-year firearms prohibition under s.109(2).
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