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On sentence appeal in a sexual interference case, the Court upheld the 17-month custodial term but varied an overbroad s. 161(1) order.
The Ontario Court of Appeal granted leave but dismissed Jamel Stewart’s sentence appeal, upholding a 30-month sentence for firearms offences.
The Court of Appeal for Ontario upheld Peter Nygard’s convictions and 11-year sentence, finding the expert-evidence error harmless, similar-fact use proper, and fresh sentencing evidence unhelpful.
The Ontario Court of Appeal dismissed the conviction appeal, granted leave to appeal sentence, and dismissed the sentence appeal in a criminal case involving Crown misconduct and CSAEM issues.
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 of Appeal for Ontario dismissed an appeal from sentence, upholding an indeterminate sentence for dangerous offender findings based on violent history and unmanaged risk.
The court applied the public interest test for joint recommendations and accepted the joint 2-year custodial sentence because it fell within the established range for comparable manslaughter cases, appropriately balanced the principles of denunciation, general deterrence and rehabilitation, reflected the offender's low moral blameworthiness in a 'near accident' context, and was not contrary to the public interest.
Source excerpt
The court accepted the true joint recommendation of a 9 year custodial sentence as falling within the established range for manslaughter with a high degree of moral blameworthiness because it served denunciation and general deterrence and was not contrary to the public interest; the court granted enhanced remand credit at 1.5 days per day for 1017 days (total 1526 days) resulting in a remaining custodial term of 1762 days. The joint submission standard from Anthony-Cook guided acceptance absent a sentence that would bring the administration of justice into disrepute.
Source excerpt
The Ontario Court of Appeal upheld convictions in a multi-count domestic and sexual violence case, but reduced the net sentence from seven years to five years for failing to apply restraint.
Ontario Court of Appeal dismissed Umair Khawaja’s conviction appeal and upheld his seven-year sentence for sexual offences against a 15-year-old complainant.
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