The applicant sought to vary an intermittent sentence of 81 days by reducing it to account for time served in custody on unrelated charges.
The court dismissed the application, finding that the power to vary intermittent sentences is limited to the circumstances set out in section 732 of the Criminal Code.
The court further held that even if such variation were possible, it would not grant the remedy because the applicant had made a tactical choice to remain eligible for release rather than converting the intermittent sentence to straight time when arrested on new charges.
