R v Aupilardjuk

canada, canadian, case law, court opinion, canlii, nuca, 2026nuca3, 2026 nuca 3 (canlii), 2026, nuca, 3, (canlii), 18-24-015-cas, 2026, evidence, sentencing, use of unproven facts, criminal code, s. 725(1)(c), may a withdrawn assault charge be treated as aggravating without notice and proof beyond a reasonable doubt, standard under s. 724(3)(e) and r v gardiner applied, r v di paola clarifies reliance on withdrawn charges, error in principle found, appeal allowed, criminal and statutory offences, sentencing, proportionality and restraint, s. 718.2(d), (e), was a custodial term demonstrably unfit for breach of undertaking where the appellant attended sober to care for infants, conditional sentence considered then rejected on improper aggravating factor, fit sentence identified as one day imprisonment deemed served plus probation, sentence varied to time served, procedure, appeals, appellate intervention in sentence, r v lacasse, when may an appellate court interfere and substitute sentence, error in principle impacting sentence established by reliance on alleged assault, broad discretion respected absent such error, court substitutes a sentence that could have been imposed under ss. 687(2) and 822(1), appeal allowed and sentence varied to time served