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The Ontario Court of Appeal upheld a 6-year sentence for dangerous driving causing death and a concurrent 4-year sentence for bodily harm, with a 16-year driving ban.
The court sentenced a first-time offender convicted of drug trafficking and firearms offences to four years, finding the gun and drugs were part of one endeavour.
The Ontario Court of Appeal granted leave to appeal sentence but dismissed the appeal, upholding a 30-month custodial sentence for luring a child.
The court sentenced Charlene Alexander for second degree murder to life imprisonment with 10 years parole ineligibility, after weighing Gladue factors, remorse, and rehabilitation.
Ontario Court of Appeal considered a sentence appeal in a high-profile art theft and forgery case, addressing foreign authorities, conditional sentence arguments, and proportionality.
A two-year-less-one-day conditional sentence order, followed by two years probation, is a fit and proportionate disposition here because an individualized assessment informed by the IRCA and the offender’s subsequent 4+ years without further offences establishes exceptional circumstances warranting restraint under s.718.2(d), while ensuring public protection via strict CSO conditions and ancillary orders; the sentence remains within a judicially determined range after accounting for totality and concurrent disposition of related counts.
Source excerpt
The Federal Court dismissed CN’s judicial review, upholding TATC monetary penalties for repeated Rule 439 stop-signal breaches under the Railway Safety regime.
The sentencing judge considered Gladue material and the principle of restraint, weighed mitigating and aggravating factors against the serious facts (including multiple firearms, threats, prior relevant convictions and institutional conduct), and did not commit an error of law or principle; the global four-year sentence with 33 months credit (resulting in 15 months to be served) is not demonstrably unfit, so the appeal fails.
Source excerpt
Mr. Kizmann was sentenced to a global six-year custodial term for multiple drug-trafficking counts involving carfentanil, fentanyl and methamphetamine, plus stolen property.
On sentencing for aggravated assault, the court imposed four years’ imprisonment, declined a conditional sentence, and made firearms and DNA orders.
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