In R. v. E.H. (Ont CA, 2023) the Court of Appeal considers the role of an appeal court once it has decided that an error in sentencing was made at trial:
(2) Imposing a sentence
[62] When an appellate court concludes that a sentencing judge has committed an error in principle, “the sentence imposed is no longer entitled to deference and an appellate court may impose the sentence it thinks fit”: Rezaie, at p. 719. It accordingly falls to this court to sentence the appellant afresh, by reviewing the record and imposing what we regard to be an appropriate sentence in all the circumstances. While I must still defer to the trial judge’s findings of fact, I need not defer to his discretionary balancing of the relevant sentencing factors, nor do I have to conclude that the sentence he imposed was demonstrably unfit.
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