A Swift Current man convicted last year of a sexual offence against a minor attempted to appeal his conviction and sentence, and just this week, the court announced its decision.
After being convicted of sexual interference and being sentenced to 14 months in custody in November 2025, Zachery Fehr filed a notice of appeal in December 2025 on both his conviction and sentence. The charge stemmed from multiple incidents that occurred in Swift Current in May of 2023 with a person under the age of 16.
The 25-year-old attended a hearing in the Court of Appeal in Regina in June of this year, where the three-judge panel reserved their decision on the appeals.
Appellant's arguments
Fehr sought to overturn the conviction based on issues in the application of the W.(D.) principles, misapprehension of evidence, treatment of evidence in the credibility analysis, and the assessment of credibility.
He also intended to appeal the sentence to secure less time in custody. The defence listed concerns, including the imposition of a proportionate sentence, the fitness of the sentence, and alleged errors in principles.
During the hearing, Fehr's lawyer highlighted uneven scrutiny and inconsistencies, and questioned the complainant's credibility and motive. The defence aimed for a lighter sentence on account of Fehr's role in financially supporting his family following his father's medical crisis, lack of a criminal record, consistent employment, and battle with substance abuse at the time of the offence.
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Summary of the court's explanation
The Court of Appeal for Saskatchewan released the decision to counsel on Thursday morning, dismissing the conviction appeal and appealing the sentence imposed in favour of the Crown.
The court attributed its decision to several factors, including that the initial sentence was too low, the alleged errors by the trial judge were rejected, the victim's participation in the incident was not considered a reason to reduce the sentence, and Fehr's personal circumstances did not outweigh the seriousness of the offence.
The decision to dismiss the conviction appeal was unanimous. For the sentence appeal, Jillyne Drennan, Justice of Appeal, was in dissent, believing the 14-month sentence was proportionate. While Justice Keith Kilback and Justice Jerome Tholl were in agreement that the length of the custody sentence should be increased.
"Mr. Fehr has not established any errors that would cause his conviction to be overturned; his conviction appeal should be dismissed," Tholl wrote in the documents released Thursday morning. "Mr. Fehr's appeal from conviction should [also] be dismissed, and leave to appeal the sentence should be granted to the Crown."
Results in the Crown's favour
Following the Crown's recommendation of a lengthier sentence proportionate to the gravity of the offence, Fehr's custody sentence was adjusted from 14 months to two years less a day.
His 3-year probation order following release from custody is also upheld, as well as the related conditions, including a DNA order, a 10-year weapons prohibition, a drug and alcohol prohibition, a no-contact order with the complainant, and a requirement to participate in counselling.
Fehr now has until 10:00 a.m. on Tuesday, September 8, to surrender himself to the Swift Current Municipal RCMP detachment, where he'll be taken into custody.
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