The Crown appealed the sentence imposed on the respondent for several firearms offences and mischief.
The trial judge had adjourned sentencing to allow the respondent to accumulate enough pre-sentence custody to serve his sentence in a provincial reformatory rather than a penitentiary, and imposed concurrent sentences totalling two years less a day.
The Court of Appeal allowed the appeal, finding the adjournment inappropriate, the characterization of the gun offences as 'minimal' erroneous, and the imposition of concurrent sentences for distinct offences incorrect.
The total sentence was increased to 4 years and 9 months.