A man convicted of breaking a woman’s arm with a crowbar in a road-rage attack has lost an attempt to have his sentence shortened.
In a written ruling released Wednesday, Alberta’s highest court said the trial judge used a “sound approach” in determining the 3 1/2-year sentence for Jared Eliasson of Edmonton.
Eliasson, who is in his early 30s, faces two years less one day behind bars after being granted credit for time served.
“The sentencing judge can hardly be faulted for concluding, as he did here, that the circumstances are so egregious as to defy rational explanation. That is what occurred on this record,” the three Court of Appeal of Alberta judges wrote.
Eliasson had also appealed his conviction, but the Appeal Court dismissed that challenge in December.
In April 2019, Eliasson was acquitted of attempted murder but found guilty of aggravated assault, possession of a weapon and damage to property.
Court documents said that in March 2017, he was delivering newspapers when a woman driving honked at his vehicle that was stopped and blocking a right-turning lane.
He moved his car, but followed the woman, backed up behind her and took out a crowbar that he used to beat her, breaking both her arms.
“The trauma and injuries that she suffered were both physically and emotionally life-altering,” the judges wrote.
Eliasson’s lawyers argued at his sentencing appeal that he had been given “trifling” credit by the judge when he was also out on strict bail conditions.
They further argued that significant media attention was another mitigating factor. They said it interfered with his employment and rehabilitation prospects.
The Appeal Court ruled that the trial judge did take that into account during sentencing.
“We are satisfied that the sentencing judge calculated the sentence imposed based upon the gravity of the offence and the degree of responsibility of the appellant in it.”