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Okanagan MP asks that transit killer's sentence be appealed

An Okanagan MP has taken issue with the sentence handed to Caesar Rosales's killer and he's asking Crown counsel to file an appeal.
13399kelownacourt
Kelowna Law Courts

An Okanagan MP has taken issue with the sentence handed down to Caesar Rosales's killer  and he's asking Crown counsel to immediately file an appeal.

In his weekly constituency report, Dan Albas, the MP for Central Okanagan-Similkameen-Nicola, said he's heard from numerous constituents  since the Friday June 24 decision, and they're displeased with the seven year sentence given to Tyler Jack Newton. It means Newton will only serve 4.5 more years because he's already been imprisoned for 602 days, and the courts granted him time and a half credit.

"Many citizens have contacted me to express outrage that a man who committed a brutal and senseless act of unprovoked murder on a Kelowna city bus will again be free to roam the streets in just four-and-a-half years," said Albas.

"For the family of the victim, Caesar Rosales, this sentence is a slap in the face and an injustice to the memory of a loved one."

Albas goes on to encourage area residents who are upset with the decision to  reach out to elected officials – both MPs and MLAs —to express "outrage over this tragedy."

"Although our justice system is by design intended to be free of political interference, laws both in Victoria and Ottawa can be changed, something that our former Government in Ottawa tried frequently to do in the last Parliament," he said.

Albas pointed out that  provincial Crown prosecutor can appeal this sentence, the criteria is as follows:

1.  Appeal Against Sentence to the Court of Appeal

2.  No appeal against sentence will be approved unless:

• the sentence imposed in the trial court is either illegal or unfit; and

•the proposed appeal involves a serious offence or relates to an offender who constitutes a serious threat to the community;

•the proposed appeal raises an important question of general application concerning the principles of sentencing; or

"In this case I believe that there is adequate evidence that due to the serious and violent nature of this crime, both in terms of public safety and interest, that the Crown should appeal this decision immediately," said Albas.

"In my view it is important to publicly speak out against these disturbing acts of random violence in the hopes that an appeal will be submitted."

Albas added that he'd like to see other MPs and MLAs speak out against the sentence.