The Crown appealed a conditional sentence of two years less a day imposed on the respondent following a two-day armed standoff with police.
The respondent pleaded guilty to possessing a weapon for a purpose dangerous to the public peace and possessing a firearm while prohibited.
The Court of Appeal found that while the sentencing judge erred and a custodial sentence was initially warranted, the respondent's successful compliance with the conditional sentence and significant rehabilitative progress over the past five and a half months meant that a custodial sentence was no longer in the interests of justice.
The appeal was dismissed.
