Can an appeal against a sentencing decision be heard by the Court of Appeal?
Nova Scotia, Canada
The following excerpt is from R. v LeBlanc, 2016 NSSC 362 (CanLII):
In sentencing decisions, Appellant intervention is permissible in limited circumstances: only where the sentencing court proceeds on an error in principle, fails to consider a relevant factor, engages in over emphasis of appropriate factors, imposes a disposition which is a substantial and market departure from the sentences customarily imposed for similar offenders committing similar offences. R v. Bartlett, (2008 CanLII 1535 (ONSC)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter? (Nova Scotia, Canada)
What is the test for extending the time to appeal against a decision by the Court of Appeal? (Nova Scotia, Canada)
What are the grounds of appeal in a case brought by the Court of Appeal? (Nova Scotia, Canada)
What is the impact of a determination by the appeal panel or by the court of appeal? (Nova Scotia, Canada)
What is the impact of the Court of Appeal's decision on costs in a personal injury case? (Nova Scotia, Canada)
What are some of the most recent decisions of the Court of Appeal in the context of the issue of child protection legislation in the US? (Nova Scotia, Canada)
What is the limitation period for an application to the Court of Appeal against a Minister's decision that exceeds his jurisdiction? (Nova Scotia, Canada)
What is the test for a review court to determine whether a tribunal’s decision is justified, transparent and intelligible? (Nova Scotia, Canada)
What is the analytical framework used by the Court of Appeal in disposing of an application for leave of execution? (Nova Scotia, Canada)
Does an employee have a right to be heard by an appeal panel after termination? (Nova Scotia, Canada)
