This sentencing decision addresses the impact of the COVID-19 pandemic on the implementation of intermittent sentences.
The offender pleaded guilty to assault causing bodily harm and assault.
During judicial pre-trials, an intermittent sentence was discussed, but due to the Elgin Middlesex Detention Centre (EMDC) not accepting intermittent prisoners during a COVID-19 outbreak, the judge revisited the sentencing position.
The court ruled that the current inability to serve intermittent sentences as intended constitutes an exceptional circumstance allowing a judge to deviate from a pre-trial agreement.
The judge offered the offender a choice between a 90-day non-intermittent jail sentence or an adjournment to potentially serve an intermittent sentence if EMDC resumes accepting prisoners.