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Court finds sentencing judge’s decision not to give one-to-one credit for pre-trial release was reasonable and owed deference
EDMONTON, Alta. — The Alberta Court of Appeal has dismissed a sentence appeal from a man convicted of aggravated assault for his role in a brutal group attack that left a 19-year-old with devastating and life-altering injuries.
Zachary Ja Sean Aarons pleaded guilty to aggravated assault and was sentenced to four years in custody. He appealed, arguing the sentencing judge failed to give him sufficient credit for time spent on stringent pre-trial release conditions, including 24-hour house arrest.
In a memorandum of judgment delivered from the bench on Sept. 29, the appeal court found the sentencing judge made no error in principle. The judge recognized she could give credit for time under house arrest but concluded the conditions were not as strict or onerous as those in cases where credit had been given, noting Aarons could leave the residence at any time if accompanied by a parent and had full access to online resources including his phone.
The court found the sentencing judge’s exercise of discretion was reasonable and owed deference, and that the fact she treated the release conditions as a mitigating factor without quantifying a specific credit did not invite appellate intervention.
The appeal was dismissed.
