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Crown's appeal of James' sentence to be heard in December

The provincial Crown’s appeal of the two-year sentence given to Graham James for sexually assaulting two of his former hockey players will be heard in December.

The Crown filed the appeal in April after James, a former junior hockey coach, was jailed for abusing Theoren Fleury and Todd Holt while coaching them during the 1980s and early '90s.

Back in March, the Crown wanted a six-year sentence while the defence asked for a conditional sentence with no jail time.

In a notice of appeal, the province says the judge erred in her approach to the sentencing, over-emphasized the significance of prior sentences for similar offences and erred in assessing the "totality principle."

That principle holds that jail time for multiple offences must still be fair and reasonable when added together.

The appeal date is Dec. 3 at 9:30 a.m. in Winnipeg.

James’ sentence sparked outrage from many, including his victims.

History

Updated on Thursday, October 18, 2012 at 3:36 PM CDT: adds photo

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