APPEALS - Miscarriage of justice - Question of law - Unreasonable verdict

Law360 Canada ( October 27, 2025, 9:51 AM EDT) -- Appeal by Crown from conditional sentence order for aggravated assault and possession of a dangerous weapon. The respondent, unprovoked, stabbed the victim in the arm with a knife, then chased him into a building and stabbed him again in the abdomen, causing serious injury. He was convicted of aggravated assault and possession of a dangerous weapon. He received a sentence of two years less one day under a Conditional Sentence Order (CSO) to be served in the community, followed by a three-year probation order. On appeal, the Crown argued that the judge erred in principle by erroneously giving improper weight to the collateral consequences the respondent faced. This impacted the sentence imposed by taking it well below the appropriate range. In any event, the CSO of two years less a day constituted a clearly unreasonable departure from the fundamental principle of proportionality. The Crown further contended that the sentence was demonstrably unfit. It sought a sentence of four years’ imprisonment for the aggravated assault with a concurrent one-year sentence for possessing a weapon dangerous to the public peace, less 102 days’ credit for the time spent in pretrial custody....
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