Richard M. Goldman

The Crown appealed the conditional sentence of two years less a day imposed on the respondent.

The trial judge had determined an appropriate sentence of 39 months, reduced for cooperation and parity.

The Court of Appeal held that a conditional sentence was not available due to the respondent's previous criminal record for a similar offence, applying R. v. Fice.

The appeal was allowed, the conditional sentence was set aside, and a sentence of 21 months of incarceration was imposed after crediting time served and cooperation.

The Crown appealed the sentence imposed on the respondent.

The trial judge had imposed two consecutive sentences of six months less a day, acknowledging a fit sentence would be 48 months, and gave 17 months credit for 11 months of pre-trial custody.

The Court of Appeal allowed the appeal, finding a fit sentence would be a further 19 months of incarceration.

However, because the respondent had already served the conditional sentence and the Crown did not seek further incarceration, the sentence was stayed.