In R. v. Robinson (Ont CA, 2023) the Court of Appeal grants a sentencing appeal due to harsher incarceration conditions caused by COVID:
[8] Based on our review of the fresh evidence, we are satisfied that the impact of the COVID‑19 pandemic and the restrictions that were imposed resulted in the appellant experiencing, for a little over two years while incarcerated, significantly harsher conditions than would otherwise have been the case. This does not reduce the appellant’s moral blameworthiness or the seriousness of the crimes that he committed. But it has resulted in the appellant experiencing harsher conditions than were anticipated at the time he was sentenced. Having considered the circumstances of the offences and the offender, in particular his early guilty plea which resulted in the pandemic being an unknown factor at sentencing, we are satisfied that reducing the sentence as proposed will not give rise to an unfit sentence.
[9] In the result, leave to appeal sentence is granted, the appeal is allowed, and the appellant’s sentence of imprisonment is reduced by 18 months. All other terms of the sentence imposed shall remain in full force and effect.
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