Peter W. Ewert

The appellant pleaded guilty to robbery with a firearm, which carries a mandatory minimum sentence of four years.

The trial judge credited the appellant for pre-sentencing custody, resulting in a sentence below the mandatory minimum.

The Court of Appeal varied the sentence, holding that pre-sentencing custody could not reduce a sentence below the mandatory minimum.

The Supreme Court of Canada allowed the appeal, holding that the judicial discretion to credit pre-sentencing custody under the Criminal Code applies to mandatory minimum sentences, and a sentence may be reduced below the minimum to account for time served.

The appellant pleaded guilty to robbery while using a firearm.

At sentencing, he had been in custody for almost three months.

The sentencing judge gave him credit for time served and sentenced him to three and one-half years' imprisonment, below the four-year mandatory minimum.

The Court of Appeal increased the sentence to the four-year minimum.

The Supreme Court of Canada allowed the appeal, holding that a sentencing judge may give credit for pre-sentencing custody even if it results in a sentence below the mandatory minimum.