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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 court accepted the joint recommendation as within the acceptable range under applicable authority (including R v Wisdom and R v Anthony Cook), finding that a two-year federal sentence (go-forward) with two years probation adequately balanced denunciation/deterrence and the offender's mitigating factors (youth, Indigenous background, early guilty plea) given her limited role after the homicide; ancillary orders (DNA and 10-year firearms prohibition) were appropriate and the remand credit of 59 days was factored into the agreed sentence.
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On sentence appeal, the Court of Appeal reduced Deborah Oguntoyinbo’s global sentence, vacated the sentence on a withdrawn count, and adjusted restitution orders.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 sentencing judge erred as a matter of law by relying on Bratzer, an exceptional and materially distinguishable precedent, which led to a failure to apply the proportionality principle and the primacy of denunciation and deterrence; the Court allowed the Crown appeals, set aside the conditional sentence and substituted a fit global sentence of four years' imprisonment with specified surrender and credit directions.
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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 corporation was criminally liable under the Westray amendments and s.22.1 due to the collective marked departure by senior officers from required safety standards, including misinterpretation of an engineering certificate and failure to use available shoring; sentencing balanced denunciation and general deterrence with the company's substantial post-incident remedial measures and limited aggravating features, resulting in fines of $400,000 (Count 1) and $100,000 (Count 2) plus 15% victim surcharges ($60,000 and $15,000 respectively) and restitution of $6,246.25, with an installment paymen…
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The sentencing judge did not commit an error of principle or law; the 18‑month probation order with the imposed conditions is fit, proportionate and not demonstrably unfit, and a conditional discharge would have been contrary to the public interest; appeal dismissed.
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The Ontario Court of Appeal granted leave but dismissed Leabert Shaw’s sentence appeal, upholding a four-year sentence for firearm and drug offences.
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.
A conditional sentence was rejected because the offender's high moral blameworthiness—novice driver with a BAC of 168 mg/100mL, travelling at approximately 118 kph, causing three deaths—meant that community service of a CSO would not adequately satisfy the paramount objectives of denunciation and general deterrence; taking into account mitigating factors including youth, remorse, lack of criminal record, rehabilitation progress and Gladue factors, the appropriate and proportionate sentence was fixed at two years less a day custody, followed by three years probation with strict conditions, a t…
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