R. v. Fiddes, 2019 ONCA 27

Dans cette affaire, la Cour d’appel de l’Ontario affirme que le juge de première instance aurait dû tenir compte, à titre de facteur atténuant, des blessures subies par l’accusé pendant sa détention préventive. La Cour d’appel réduit ensuite considérablement la peine donnée :

[8]         Concerning sentence, we accepted the appellant’s submission that, in the particular circumstances of this case, the trial judge erred by failing to consider, as a mitigating factor on sentence, the serious injuries the appellant suffered as a result of being beaten while in pre-sentence custody. Although the trial judge noted that the appellant had been injured while in custody, she did not enumerate his injuries (four broken ribs, two punctured lungs, a brain injury); nor allude to their serious nature (life threatening). These injuries had a significant impact on the appellant and warranted serious consideration on sentencing. Given their passing mention in her reasons, we are unable to accept the Crown’s submission that it is implicit in the trial judge’s reasons that she gave the fact of the injuries any mitigating effect.

[9]         In the circumstances, we allowed the sentence appeal and reduced the remaining sentence imposed on count 1 to 300 days and the sentence imposed on count 2 to 300 days, concurrent to the sentence on count 1, such that the appellant’s sentence was fully served. We also set aside the mandatory victim fine surcharge the trial judge had imposed: R. v. Boudreault2018 SCC 58 (CanLII). The remaining terms of the original sentence remain in full force and effect.