The respondent pleaded guilty to aggravated assault after biting off part of the victim's finger during a fight.
The trial judge, upon learning a conditional sentence was unavailable for a serious personal injury offence, imposed a probation order with six months of house arrest.
The Crown appealed.
The Court of Appeal held that the trial judge erred in law by imposing a disguised conditional sentence that circumvented Parliament's intent.
Taking into account the respondent's status as a youthful first offender and the house arrest already served, the Court varied the sentence to 21 days of intermittent custody.
