Unsworn and uncontested statements not a proper basis for judgment

R. v Fuller 2012 ONCA 473 (Goudge, Feldman, Blair JJ.A.) set aside a sentence as excessive having regard to the fact the appellant was a relatively youthful first offender who had never been incarcerated before.

The Court held:

"In addition we think it was an error for the trial judge to rely upon unsworn and uncontested statements of the appellant's father from the body of the courtroom. setting out his view that his son required treatment for his drug addiction, particularily where it appears there was conflict between father and son..."