SENTENCING — Aggravated assault — Breach of probation — Concurrent sentences

Law360 Canada (May 10, 2024, 2:03 PM EDT) -- Appeal by Crown from two-years’ sentence imposed on Fortune for one count of aggravated assault and concurrent six-month sentence for the breach of probation count. The Crown appealed the sentence, arguing that it was manifestly unfit for a variety of reasons, including that: the trial judge overemphasized the role provocation played in this offence, this was Fortune’s third offence for similar behaviour, he was under a probation order not to possess any weapons when he committed these offences, and his attack on the victim resulted in life-threatening injuries. The Crown also submitted that the sentencing judge's failure to order Fortune’s sentences to run consecutively was an error of law in the absence of treating his possession of knives as an aggravating factor. The Crown sought leave to appeal the sentence and, if granted, asked for a five-year sentence for the aggravated assault to be imposed, followed by a one-year consecutive sentence for breach of probation....
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