McKinnon v R

The McKinnon case involved the defendant appealing against the sentence imposed by the sentencing judge. The defendant had been found guilty on two counts, both of which were Form 1 offences. The Crown conceded that the sentencing judge had erred in taking the Form 1 offences into account when sentencing the defendant on both counts. The Court of Criminal Appeal was required to determine whether the aggregate sentence imposed by the sentencing judge was appropriate and whether the court should resentence the defendant. The court also needed to consider its role in sentencing appeals and whether it should exercise its discretion afresh.

The court considered the nature of the errors made by the sentencing judge and the appropriate approach to sentencing appeals. The court noted that the sentencing judge had erred in taking the Form 1 offences into account on both counts, which had resulted in an aggregate sentence that was harsher than it should have been. The court held that in cases where the sentencing judge had made an error of this kind, the Court of Criminal Appeal should exercise its discretion afresh and resentence the defendant. The court also noted that it was important for the appellate court to consider the totality of the circumstances in each case and to ensure that the sentence imposed was appropriate.

The Court of Criminal Appeal held that the aggregate sentence imposed by the sentencing judge was inappropriate and that the court should resentence the defendant. The court exercised its discretion afresh and imposed a sentence that reflected the correct approach to sentencing in cases involving Form 1 offences. The court also noted that it was important for the appellate court to consider the totality of the circumstances in each case and to ensure that the sentence imposed was appropriate.

The final orders of the Court of Criminal Appeal were that the appeal against sentence be allowed, the aggregate sentence imposed by the sentencing judge be quashed, and the defendant be resentenced by the Court of Criminal Appeal. The court imposed a sentence of imprisonment for a term of six years and six months, with a non-parole period of four years. The court also noted that it had considered the totality of the circumstances in the case and that the sentence imposed was appropriate.