The appellant appealed his convictions for criminal harassment and assault, and sought leave to appeal his sentence of three years' imprisonment.
The conviction appeal was dismissed.
The appellant, who suffers from Asperger's Syndrome, had a lengthy criminal record but had never previously received a penitentiary sentence.
The Court of Appeal found that the three-year sentence offended the proportionality principle and the "step" principle.
The court granted leave to appeal the sentence, allowed the appeal, and substituted a sentence of time served plus one day, as the appellant had already served over 27 months.
