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R v Barron

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canadacanadiancaselawcourtopinionmcdonnell
canada, canadian, case law, court opinion, canlii, abca, 2026abca270, 2026 abca 270 (canlii), 2026, abca, 270, (canlii), 2501-0151a, 2026, criminal and statutory offences, sentencing appeal, standard of review, whether sentencing judge made an error in principle affecting sentence, appellate court will not interfere unless demonstrably unfit sentence or material error in principle, deference to findings of fact and aggravating and mitigating factors, appeal allowed in part, criminal and statutory offences, sentencing, consecutive and concurrent sentences, whether consecutive sentences should have been concurrent because offences were a “spree”, totality and proportionality under criminal code, s. 718.1, discretion guided by friesen, mcdonnell, trapasso and may, no reviewable error in ordering consecutive and concurrent structure, ground dismissed, criminal and statutory offences, sentencing, parity, whether global sentence was demonstrably unfit compared to similar offenders and similar offences, criminal code, s. 718.2(b) parity considered, comparator cases distinguishable or consistent including trapasso and farkas, no failure to properly consider parity, ground dismissed, criminal and statutory offences, sentencing, mitigating factors, whether disadvantaged background, longstanding addiction and mental health issues required mitigating weight, sentencing judge acknowledged “difficult personal background” but concluded not mitigating, no formal diagnosis or completed assessment, addiction details limited and case specific, no unreasonable exercise of discretion shown, ground dismissed, criminal and statutory offences, sentencing, double counting, whether masking and imitation firearm were used as aggravating factors for robbery sentences and also punished separately and consecutively, error of principle under di paola, dichrow, dyck and bertrand marchand, material impact found, sentences for criminal code, ss. 351(2) and 85(2)(a) reduced to one day with s. 85(4) consecutive requirement, appeal allowed in part
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