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The Ontario Court of Appeal dismissed Charles Kennedy’s appeal from convictions for assault, unlawful confinement and sexual assault, rejecting arguments about consent and delayed reporting.
Given the aggravating factors (breach of trust, violence against intimate partner and child, presence of loaded firearm and bear spray, evidence of planning in making weapons accessible, significant victim impacts including PTSD in victims and children), and balancing mitigation (first offender, remediation while on remand, guilty pleas, cooperation), the appropriate aggregate custodial sentence was fixed at 8 years before credit but reduced under totality and Summers remand credit to a resultant effective term of 1,688 days (4 years, 7 months and 14 days). Sentence was allocated to counts as…
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Sentencing reasons for a violent, planned home invasion led to 11-year and 12-year global sentences, with credit for custody and strict bail conditions.
The appellant failed to satisfy the public interest limb of s.679(3); given the seriousness of the offences as found by the trial judge, the appellant’s history of breaching court orders, the inadequacy and unsuitability of the proposed sureties and release plan, and the untested, outdated expert opinion, the risk to public safety and lack of public confidence (enforceability outweighing reviewability) justify continued detention pending appeal.
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Sentence after convictions for unlawful confinement, robbery, assault and aggravated assault arising from a prolonged shed confinement in Powell River.
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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Trial judgment in which the Supreme Court of British Columbia acquitted the accused of sexual assault, unlawful confinement, and uttering threats after finding the evidence unreliable.
The trial judge’s reasons, read in context, adequately explained acceptance of the complainant’s evidence for the assault and related convictions and rejection on the obstruction count due to discrepancies and the complainant’s reluctance to proceed; the conclusion was open to the trial judge and the appeal is dismissed.
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The evidence supported the trial judge's finding that the appellant played a culpable role in the confinement (awareness of confinement, observed the victim tied and controlled her movements), so the conviction stands; although fresh evidence that the appellant is a permanent resident likely to be deported was admitted, reducing the sentence to avoid deportation would produce an unfit sentence given the seriousness, duration, and aggravating factors, so the sentence remains warranted.
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After convicting Carl Michael Francis of unlawful confinement, sexual assault causing bodily harm, and assault causing bodily harm, the court imposed a six-year global sentence before credit.
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