Date: 20000208 Docket: CAC 160149
NOVA SCOTIA COURT OF APPEAL
[Cite as: R. v. Johnston, 2000 NSCA 29]
Freeman, Bateman and Cromwell, JJ.A.
BETWEEN:
MICHAEL GORDON JOHNSTON ) Lance W. Scaravelli
) for the appellant
Appellant )
)
- and - )
)
HER MAJESTY THE QUEEN ) Dana Giovannetti, Q.C.
) for the respondent
Respondent )
)
)
) Appeal Heard:
)
) Judgment Delivered:
)
)
THE COURT: Leave to appeal is granted but the appeal is dismissed, as per oral reasons for judgment of Bateman, J.A., Freeman and Cromwell, JJ.A., concurring.
Bateman, J.A.: (Orally)
[1] The appellant was sentenced by Judge Fran Potts of the Provincial Court to a total of 19 months imprisonment, having pleaded guilty to five fraud related counts. He appeals.
[2] Absent an error in principle, failure to consider a relevant factor, or an overemphasis of the appropriate factors, we may only intervene to vary a sentence imposed at trial if the sentence is demonstrably unfit. (R. v. M. (C.A.), [1996] 1 S.C.R. 500, per Lamer, C.J.)
[3] Having reviewed the recent Supreme Court of Canada analysis of the conditional sentencing regime in R. v. Proulx, ([2000] S.C.J. No. 6) and its companion cases, we are satisfied that Judge Potts made no error in declining the appellant’s request for a conditional disposition.
[4] While leave is granted the appeal is dismissed.
Bateman, J.A.
Concurred:
Freeman, J.A.
Cromwell, J.A.