Defence appeal from a 2 year sentence imposed after accused pleaded guilty to interfering with human remains. Accused helped a friend conceal the remains of someone he had killed in a drug-fuelled altercation. Body found by police 23 days later.
Held: Appeal dismissed.
Sentencing judge erred in finding that the accused’s failure to cooperate with police was an aggravating factor: Araya, 2015 ONCA 854. However, the resulting sentence was not demonstrably unfit. Aggravating factors included: (1) the accused knew that the death was a homicide when he committed the interference with remains; (2) the accused frustrated a criminal investigation; (3) the harm caused to the community and the deceased’s family; and (4) the body was left exposed to the ravages of nature.
D. Wolsey – Defence Counsel