Jason H. Gilbert

This is an addendum to a sentencing decision.

The court converted the offender's sentence from months to days to properly reflect the credit for pre-trial custody on a count-by-count basis.

The total sentence before credit was calculated as 3242 days, with 1965 days of credit, leaving an actual sentence of 1277 days.

The offender pleaded guilty to six counts of sexual assault and three counts of voyeurism involving nine victims.

The offences involved surreptitiously recording and sexually touching women while they were asleep or unaware.

The Crown sought a global sentence of 12 years and 10 months and a long-term offender designation with a 10-year supervision order.

The court imposed a global sentence of 8.9 years, reduced to 42 months going forward after credit for pre-sentence custody.

The court also designated the offender as a long-term offender, imposing a 6-year supervision order, finding a substantial risk of re-offending that could eventually be controlled in the community.

The Crown appealed the accused's acquittal on a charge of uttering a threat to cause bodily harm.

The trial judge had found that the accused's threat to 'assault' his former probation officer did not necessarily include bodily harm.

The Court of Appeal held that the trial judge erred by failing to consider the surrounding circumstances, which included the accused's violent history, mental instability, and anger towards the victim.

A reasonable person would conclude the threat was to cause bodily harm.

The acquittal was set aside, a conviction entered, and a concurrent sentence of 349 days was imposed.

The appellant appealed his convictions for breaching his bail recognizance and probation orders by indirectly communicating a threat to his former probation officer.

The appellant argued the trial judge misapprehended his evidence and erroneously based a finding of wilful blindness on a concession made in hindsight.

The Court of Appeal dismissed the appeal, finding the trial judge correctly concluded the appellant had actual knowledge that the threat would inevitably be conveyed to its intended target.

The sentence appeal was also dismissed.