The appellant was sentenced to a 90-day intermittent sentence for assault causing bodily harm, and two concurrent 18-month conditional sentences for uttering a death threat and pointing a firearm.
The Court of Appeal held the intermittent sentence was legal but had to be served on consecutive days.
The Supreme Court of Canada allowed the appeal, holding that a conditional sentence is not a 'sentence of imprisonment' within the meaning of s. 732(1) of the Criminal Code, and therefore does not render an intermittent sentence illegal or require it to be served on consecutive days.
