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Court of Appeal overturns rapist s sentence, adds more time

The unanimous three-judge panel increased Nikdima’s sentence to three years and six months. In July 2020 Crown Prosecutors Erin Bartsch and Pouria Tabrizi-Reardigan had argued before Saskatchewan’s highest court that the presiding Court of Queen’s Bench Justice didn’t adequately consider the gravity of the crime, the need to protect the public from Nikdima, and that Nikdima hasn’t accepted responsibility for his crime. In his written decision, Justice Peter Whitmore, in concurrence with Justice Brian Barrington-Foote and Madam Justice Lian Schwann, ruled that the trial judge made two errors in principle, which impacted the sentence. “I am of the view the trial judge erred by treating the absence of aggravating factors, such as additional violence, as mitigating factors in considering the circumstances of the offence. This error, coupled with an emphasis of parity over proportionality, impacted the sentence the trial judge imposed, by leading him to impose an unfit

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