Defence appeal of 7-year sentence for aggravated assault after trial. Accused and co-accused attacked the complainant, all of whom were inmates at ERC. Accused punched complainant six times; co-accused punched him about 30 and kicked him in the head three times. Serious lasting injuries. Co-accused received 4-year sentence on early guilty plea.
Held: Appeal allowed; 5 years imposed.
The Court held that the sentencing judge erred in assessing parity, by considering some distinctions that she should not have in justifying a markedly higher sentence. Ultimately, the Court found that “a three-year difference between sentences imposed on two individuals who jointly perpetrated a brutal assault goes beyond what could reasonably be accounted for by a guilty plea.”
D. Hatch – Defence Counsel