Appeal from 3 year jail sentence followed by 18 months probation imposed after convictions for aggravated assault, unlawful confinement and choking. Assaults occurred after a drug-fuelled weekend at the complainant’s residence. Accused punched, kicked and choked the female complainant, who suffered significant bruising and her lip needed to be sutured. 28 year old accused with a very limited record.

Held: Appeal allowed. Sentence reduced to 2 years jail plus probation.

“The sentence was excessive … he was intoxicated at the time of these acts and he has since his apprehension gained considerable insight into his substance abuse problem.” Probation terms also varied, given that the wording of the original order “is too general to allow the appellant to comply with it.”

J. Ruttan, N. Rodych –

Defence Counsel