SENTENCING - Criminal Code offences - Sexual assault - Consecutive sentences

Law360 Canada (September 2, 2022, 5:57 AM EDT) -- Application by the Crown for leave to appeal the sentence imposed on Campbell for sexual assault. Campbell was convicted of two sexual assaults. He pleaded not guilty to the first offence and guilty to the second. The offences involved different female complainants and were committed about a week apart. For the first offence, Campbell was sentenced to two years’ custody and three years’ probation. For the second offence, he was sentenced to two years’ custody and two years’ probation, to be served concurrently to the first sentence. The latter sentence was the subject of this appeal. Although the parties disagreed on the range of a custodial sentence for the second offence, they both agreed that the sentence imposed should be consecutive to the sentence Campbell was serving for the first offence. Before rendering his decision, at no point did the judge indicate to counsel that he had any difficulty with their agreement and recommendation of a consecutive sentence or that he was considering a concurrent sentence. The Crown took the position that the judge’s decision to impose a concurrent sentence was grounded in error and the error had a material bearing on the sentence imposed. The Crown sought to have the concurrent sentence set aside and replaced with a consecutive sentence of three years’ custody....
LexisNexis® Research Solutions

Related Sections