The appellant, convicted of six counts related to handgun possession, appealed his 38-month sentence.
He argued the sentencing judge erred by imposing a sentence greater than the Crown's proposal without notice and by refusing sufficient credit for restrictive house arrest (Downes credit).
The Court of Appeal found the sentencing judge misapprehended the Crown's position and committed an error in principle by exceeding the Crown's proposed sentence without allowing further submissions.
The appeal was allowed, and the sentence was reduced to 36 months, incorporating pre-sentence custody and Downes credit.
