R v Hess

In the case of R v Hess, the appellant was convicted on three counts related to criminal activity. The crux of the appeal was the sentence imposed, which included a suspended sentence for one count and concurrent fixed terms for the other two counts, without a provision for suspension. The appeal was heard by the court, which had to determine whether the sentence was manifestly excessive and whether there was an oversight in the sentencing procedure.

The primary legal issues revolved around the appropriateness of the sentence given the circumstances of the offender, the timing of the guilty pleas, and the absence of genuine remorse. Additionally, the court had to examine whether the omission of a suspension provision for the concurrent sentences was an oversight by the sentencing judge.

In addressing the appeal, the court noted that while the appellant had entered late guilty pleas and showed no genuine remorse, he had a limited prior criminal history. The court considered these factors alongside the seriousness of the offences. Regarding the omission of a suspension provision, the court concluded that it was an oversight, as the sentencing judge had included such a provision for one of the sentences. Consequently, the court found that the sentences for the two concurrent terms should be suspended after the appellant had served 18 months, with the suspension to operate for a period of five years.

The final orders of the court were to dismiss the appeal in its entirety but to grant leave to appeal specifically regarding the sentencing on the two concurrent counts. The court ordered that the two concurrent sentences of three years each be suspended after the appellant had served 18 months, with the suspension to be for a period of five years.