What is the test for a Court of Appeal to vary a sentence imposed at trial?
Alberta, Canada
The following excerpt is from R. v. L. (S.M.), 1998 ABQB 1092 (CanLII):
Regina v. C.A.M. (1996), 105 (3d) 327, state that absent an error in principle, failure to consider a relevant factor, or an over-emphasis of the relevant factors, a Court of Appeal should only intervene to vary a sentence imposed at trial if the sentence was demonstrably unfit.
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