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On sentence appeal, the Court of Appeal reduced Deborah Oguntoyinbo’s global sentence, vacated the sentence on a withdrawn count, and adjusted restitution orders.
The Ontario Court of Appeal dismissed a sentence appeal in R. v. McFarlane, holding that the sentencing judge properly weighed mental illness and harsh presentence custody conditions.
Sentencing after conviction for trafficking controlled substances in Nanaimo. The court imposed 30 months for fentanyl, concurrent terms on other counts, and ordered ancillary firearms, DNA, and forfeiture orders.
The Court of Appeal for Ontario dismissed Mr. Darteh’s sentence appeal, finding no reversible error in the trial judge’s 3:1 presentence custody credit and fit sentence analysis.
The sentencing judge committed no error in principle: he considered the relevant factors, the offences involved exploitation of a vulnerable young person to whom the appellant owed a duty of trust, no exceptional circumstances existed to permit a conditional sentence, and the sentence imposed fell within the applicable range, so the sentence appeal must be dismissed.
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Because the sentencing judge ultimately imposed the exact sentence proposed by the Crown and gave appropriate presentence custody credit, and reasonably weighed the relevant factors including the appellant's record and the seriousness of the assault, there was no error in principle and the sentence of 18 months is fit and must be upheld.
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Sentencing reasons on a manslaughter plea arising from a fatal two-on-one knife attack in Vancouver. The court accepted a joint submission and imposed 14 years, with enhanced presentence custody credit.
The appeal is allowed and the guilty pleas are set aside because the appellant was not properly arraigned on one intimidation count and therefore could not validly be convicted of it; the uttering threat conviction should have been stayed under the Kienapple principle because the offences shared factual and legal nexus and the lesser offence added no distinguishing element; the plea inquiry was insufficient in the face of obvious red flags and admitted fresh evidence showing impaired capacity and inducement, such that maintaining the pleas would risk a miscarriage of justice; accordingly conv…
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The court sentenced Pascal Jean Claude Bouthillette to 12 years for manslaughter after a fatal home invasion of a frail elderly woman, accepting a joint submission and enhanced custody credit.
Officers had reasonable grounds for detention and safety‑based grounds for search; exigent circumstances justified any brief delay in advising of s.10(b) rights; even if rights breach occurred, s.24(2) factors warranted admission of the evidence; and the sentencing judge properly exercised discretion regarding presentence custody credit and imposed a fit sentence, therefore the appeal must be dismissed.
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