The Crown appealed a sentence imposed after convictions for two counts of sexual assault, arguing that the trial judge unlawfully combined an intermittent custodial term with a conditional sentence.
The Court of Appeal held that s. 732(1) permits intermittent imprisonment only for sentences of 90 days or less, and that s. 742.1 requires the sentence to be served in the community rather than partly in custody and partly in the community.
Relying on the statutory wording and appellate authority, the court concluded that the blended sentence was illegal.
Leave to appeal was granted, the appeal allowed, and the weekend jail condition deleted.
