The accused pleaded guilty to three charges: assaulting a bus driver contrary to section 266, committing that assault while bound by a probation order contrary to section 733.1, and theft of tip money from a restaurant contrary to section 334(b).
The Crown sought 18 months incarceration followed by one year probation.
Defence counsel sought one year custody.
The court rejected the Crown's submission as disproportionate, finding the assault itself was minor in nature despite aggravating circumstances including the reckless endangerment of bus passengers and psychological harm to the victim.
The court imposed a global sentence of 6 months and 9 days incarceration (after crediting 44 days pretrial custody at 1.5:1 ratio), plus 12 months probation.
