Deborah A. Kinsella

The defendant pleaded guilty to multiple offences including assault with a weapon, uttering threats to cause death, possession of a weapon for a dangerous purpose, assault, and multiple breaches of recognizance and probation.

The central issue was whether the defendant was entitled to enhanced pre-sentence custody credit at a 1.5:1 ratio or limited to 1:1 credit under section 719(3.1) of the Criminal Code.

The court found that the "bail misconduct exclusion" was not engaged because the Crown did not seek to formally cancel the defendant's bail upon re-arrest, and therefore awarded enhanced credit.

The defendant was sentenced to custody followed by probation with conditions including substance abuse treatment, anger management counselling, and weapons prohibition.