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On sentence appeal, the Court of Appeal reduced Deborah Oguntoyinbo’s global sentence, vacated the sentence on a withdrawn count, and adjusted restitution orders.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 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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A two-year-less-a-day sentence for the sexual-assault count is fit to reflect denunciation and deterrence given breach of trust and victim impact; the sentence is ordered to be served as a conditional sentence because the accused poses no unacceptable risk to community safety, is amenable to community-based treatment, and a CSO can deliver punitive denunciation and protect the public under intensive supervision.
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Given the gravity of intimate-partner sexual assault and the primacy of denunciation and deterrence, but having found significant mitigating factors (notably alcohol-use disorder reducing moral culpability, absence of prior violent record, stable community supports and manageable risk), the Court concluded a community-based punitive sanction (a 10-month conditional sentence order, adjusted to account for 11 months remand credit) was fit; concurrent sentencing applied to the sexual assault and assault counts while threats and breach counts were consecutive; ancillary orders (DNA, 10-year SOIRA…
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Sentencing decision for aggravated assault and disarming a peace officer, with one obstruction count stayed under Kienapple and consecutive custody terms imposed.
Sentencing reasons for Gavin Leznoff on two conspiracy-to-murder counts. The court accepted a joint submission and imposed six-and-a-half years plus ancillary orders.
After guilty pleas to drug trafficking-related offences, the court imposed 12 months’ concurrent imprisonment, rejecting a conditional sentence because of youth involvement and the scale of the operation.
After convicting James Rektor of four assaults against his former wife, the court imposed 33 months’ imprisonment, plus no-contact and weapons orders.
At sentencing for first degree murder, the court imposed mandatory life imprisonment with 25 years parole ineligibility, found the killing was paid, and granted ancillary orders.
Appeal from an indeterminate dangerous-offender sentence was allowed only to set aside $600 in victim surcharges. The sentence was otherwise upheld.
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