The Crown appealed a sentence where the trial judge set aside a notice of prior conviction under s. 255 of the Criminal Code, relying on a provincial appellate decision.
The Supreme Court of Canada subsequently reversed that decision, meaning the trial judge erred by failing to impose the mandatory minimum sentence of 120 days.
The Court of Appeal allowed the appeal and imposed the 120-day sentence, but stayed it because the respondent had already served a full 12-month conditional sentence.
