Supreme Court
Decision Information
Summary: Appellant's counsel applies for appeal of sentenc on two points: one is regarding the fact that the maximum sentence is only 18 months; and the other is the fact that, notwithstanding the appellant's record of 5 prior assault convictions, this was his first substantial period of incarceration. The appeal judge notes that although there are numerous factors that go into sentencing, the overriding consideration must be the appropriate sentence for this offender in the circumstances of this offence. The Supreme Court of Canada has held that a variation of sentence should only be made by an appellate court if a sentence imposed is clearly unreasonable or demonstrably unfit. The Appeal Judge does not find that this is the case.
Decision: Appeal dismissed
Subjects: Criminal law - Assault - Assault causing bodily harm
Criminal law - Sentencing - Considerations on sentencing