Armstrong v R 6 February 2008

The applicant applied for an extension of time within which to apply for leave to appeal against a sentence of three years and nine months imprisonment and a nonparole period of 23 months following the applicant’s plea of guilty to one count of unlawfully causing serious harm.

The grounds were that the learned sentencing judge erred:

1. In imposing a non-parole period rather than a partial restoration of the sentence.

2. In fixing a non-parole period of 23 months imprisonment which was manifestly
excessive in all the circumstances of the case and of the applicant.

3. In not giving sufficient weight to the rehabilitative steps taken by the appellant up to the time of sentence.

The Crown did not oppose the application for an extension of time. The Crown did oppose the application for leave to appeal. The application for an extension of time was granted. Leave to appeal was refused.

The applicant did not apply to have the application for leave to appeal determined by the Court of Criminal Appeal constituted by the judges pursuant to s.429(2) of the Criminal Code.