R v Fuller

The appeal concerned the sentencing of Christopher Martin Fuller, who had been convicted of multiple offences including trafficking in a controlled drug, unlawful sexual intercourse with a child under 14, aggravated possession of child pornography, unlawful possession of a dangerous article, and possession of a prohibited weapon. The sentencing judge had imposed cumulative sentences for these offences, resulting in a head sentence of 15 years, which was then reduced to 13 years and eight months due to the principle of totality and time already served. The non-parole period was extended to nine years and six months. The appeal was heard by Gray, David, and Nicholson JJ.

The primary legal issues before the court were whether the sentencing judge had erred in the imposition of individual sentences and the application of the principle of totality, and whether the non-parole period was appropriate. Specifically, the court considered the parity between the sentence imposed on Fuller and that of his co-offender for the sexual offences, the impact of Fuller's guilty pleas, and the overall totality of the sentences.

Gray J, with whom David and Nicholson JJ agreed, allowed the appeal in part. While the total head sentence of 13 years and eight months was confirmed, the individual sentences were adjusted to better reflect the principle of totality and time spent in custody. The sentence for drug trafficking was reduced from five years to four years, the sentence for the sexual offences was reduced from seven years and four months to seven years and two months, and the sentence for child pornography possession was reduced from two years and four months to two years and two months. The sentence for the weapon and article possession offences remained at four months. The extended non-parole period of nine years and six months was confirmed.