Case information

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Criminal law - Trial - Judgments - Reasons for judgment - Whether the Court of Appeal erred in concluding that the inadequacy of the trial judge’s reasons did not constitute reversible error - In the face of inadequate reasons, what is the standard to be applied by an appellate court in determining whether the reason for a verdict is “patent on the record”?

The Applicant was charged with sexual assault, sexual exploitation, assault with a weapon, assault, unlawful confinement and uttering a death threat contrary to ss. 271(1), 153, 267(a), 266, 279(2) and 264.1(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46, respectively, after the complainant made statements to the police alleging incidents of abuse by the Applicant. The Applicant was tried by judge alone and found guilty on all six counts. He was subsequently sentenced to a conditional sentence of two years’ imprisonment less a day plus three years’ probation. The Applicant’s appeal from conviction was dismissed. The Crown’s cross-appeal from the sentence was allowed and the Applicant was sentenced to a further three and a half years beyond the 18 months he had already served on his conditional sentence on the basis that the original sentence did not adequately reflect the seriousness of the crime and the need for denunciation and deterrence.