Can an appeal against a sentencing decision be heard by the Court of Appeal?
Nova Scotia, Canada
The following excerpt is from R. v LeBlanc, 2016 NSSC 362 (CanLII):
In sentencing decisions, Appellant intervention is permissible in limited circumstances: only where the sentencing court proceeds on an error in principle, fails to consider a relevant factor, engages in over emphasis of appropriate factors, imposes a disposition which is a substantial and market departure from the sentences customarily imposed for similar offenders committing similar offences. R v. Bartlett, (2008 CanLII 1535 (ONSC)).
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