Court of Appeal Reduces Sentence for Client

Lorne Sabsay appeared today in the Court of Appeal for Ontario for our client J.R. J.R. had been sentenced to a total of 7.5 years, less consideration for time spent in pretrial custody. J.R. had been convicted of sexual assault, assault, unlawful confinement, failing to comply with recognizance and assault with a weapon. The client had sexually assaulted his girlfriend and then confined her in her apartment a week later, during which assaults took place, including one with a shoe. The learned trial Judge had imposed a 4-year sentence for sexual assault, which was appropriate in all of the circumstances. However, the trial judge then added an additional 2.5 years for the remaining offences. The Court of Appeal agreed with our submission that the sentence did not accord with the principle of "totality," codified in the Criminal Code. Section 718.2 (c) of the Criminal Code provides that "where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh." In the result, the Court of Appeal reduced our client's sentence to 4 years and 2 months after consideration for pretrial custody.

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