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Tom Rees | Criminal Defence Lawyer Winnipeg
17
Feb

Appeal of 8 Year Sentence for Aggravated Assault Dismissed

A Manitoba man’s appeal of his conviction and sentence of 8 years for aggravated assault has been dismissed.

The Court outlined the facts of the case:

The facts in this case are serious and troubling.  The trial judge found that the accused participated in a group beating of the complainant, including throwing weights at him, kicking him and hitting him with a crowbar.  The attack culminated with the complainant being stripped naked by a co-accused and cut repeatedly with an exacto knife by the accused.  Needless to say, the complainant suffered significant injuries, including numerous deep lacerations to most of his body.

A Winnipeg defence lawyer made a motion for fresh evidence, arguing that the Crown did not disclose certain information about inconsistent statements made by a witness. The Court dismissed the motion for fresh evidence, stating:

We were all of the view that a review of the transcripts did not show the inconsistency alleged by the accused.

The Court made these comments with respect to the Conviction Appeal:

Since the fresh evidence motion was the substance of the accused’s claim that a miscarriage of justice had occurred as a result of the Crown’s failure to disclose, there was no basis for us to interfere with the verdict.

After citing a lengthy criminal record that included violent offences, and the pre-sentence report, the Court upheld the sentence:

While it may be that the sentence was at the higher end of the range, in addition to the many aggravating factors listed above, the accused twice attempted to interfere with the administration of justice regarding this matter.  First, he participated in a group beating of Mr. Baker wherein he uttered threats in an attempt to force Mr. Baker into taking responsibility for the offence.  Second, during a recess in Mr. Baker’s testimony at the trial the accused said to him in Cree “Don’t worry about it; we’ll get a hold of you.”  Hence, the effective sentence of eight years’ incarceration was not unfit.

The Court denied the motion for fresh evidence, dismissed the conviction appeal and dismissed the sentence appeal.

 

Click here to read the case.