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Tom Rees | Criminal Defence Lawyer Winnipeg
10
Jan

Court cites manslaughter conviction as factor when dismissing appeal

The Manitoba Court of Appeal dismissed a man’s appeal of his sentence of 5 years for assault causing bodily harm. The court pointed to his record for manslaughter and his use of a baseball bat during the assault before dismissing the appeal.

[2] To obtain leave on a sentence appeal, the accused must demonstrate that his grounds of appeal present an arguable case that the sentence was “demonstrably unfit or clearly unreasonable or that it was arrived at as a result of an error in principle” (R. v. Gill, 2010 MBCA 92 (CanLII) at para. 2). We are of the view that he has failed to meet that threshold.

 

Link to Case: R. v. Atkinson (R.K.) et al, 2014 MBCA 116