The Crown appealed a decision of the Court Martial Appeal Court of Canada that substituted a fine for a 30-day sentence of imprisonment imposed by a military judge.
The Supreme Court of Canada allowed the appeal as of right under s. 245(2)(a) of the National Defence Act, finding that the dissent in the Court of Appeal was on a question of law.
The Court agreed with the dissenting judge that the Court of Appeal erred in interfering with the trial judge's decision, and restored the original sentence.
