The appellant pleaded guilty to uttering threats, theft, and fraud.
He appealed the one-year custodial sentence imposed for uttering threats, which arose from Twitter posts expressing support for ISIS and offering to ensure 'something happens' if given Canadian addresses.
The appellant, an Aboriginal man with Fetal Alcohol Spectrum Disorder, had already served the sentence.
The Superior Court of Justice exercised its discretion to hear the moot appeal.
The court found the sentencing judge erred in principle by overemphasizing denunciation and deterrence based on public sensitivity to terrorism, noting the appellant's cognitive limitations, lack of sophistication, and the limited public alarm caused by his actions.
The appeal was allowed, and the sentence was reduced to time served (four months).
