The Court of Appeal has dismissed an appeal against a five-year sentence imposed on Brendan Doolin for six counts of harassment, finding no error of principle in the sentencing judge’s approach.
The ex tempore judgment, delivered by Justice Kennedy on 21 July 2020, upheld a sentence of five years’ imprisonment, with the final two years suspended on terms, for each count to run concurrently. The court said the offending involved six women who were targeted with hundreds of emails over five years, as well as tweets and online commentary. The messages continued despite repeated requests to stop, and the women felt threatened and afraid. The court said they feared they were being monitored by an unknown person.
Doolin argued that the five-year sentence was excessive and failed to give sufficient weight to mitigation. He also challenged the placement of the offending at the upper end of the severity range. The prosecution submitted that the scale and cumulative nature of the conduct justified the sentence and that the suspended portion reflected the mitigating factors.
The appeal court considered the cases cited by the parties but found the present offending distinguishable, including because it involved six victims. It concluded that the number of victims and other aggravating circumstances supported the sentencing judge’s five-year pre-mitigation sentence. The court also rejected the argument that the judge had failed to account for mitigation through the partial suspension.
The court noted Doolin’s guilty pleas, cooperation with authorities, remorse and apology, lack of previous convictions, and personal difficulties. It said the sentencing judge had identified the aggravating and mitigating factors and that suspending the final two years reflected the mitigating circumstances and was intended to support rehabilitation and reintegration. The appeal was dismissed.