Defence appeal from 28 month sentence imposed in relation to offences including break and enter. Crown at original sentencing sought 24 months. Lengthy prior record.
Held: Appeal allowed, sentence reduced to 15 months.
“The brief reasons of the sentencing judge do not explain why he imposed a sentence longer than the Crown proposed, being in the two-year range. Nor do they explain why he failed to consider Mr. Brimner’s rehabilitative potential, noted to be relevant by both Crown and defence, including his participation in a residential drug program, work with a sponsor, as well as employment and family support. The length of the sentence compared to that imposed for the last similar conviction suggests further punishment for past misdeeds, contrary to R v Hastings 1985 ABCA 20, rather than appropriate incrementalism.”
D. Hatch – Defence Counsel