SELECTED CASE LAW

MANITOBA:

2001 MBCA 69

In 2001 MBCA 69, Mr. G appealed his sentence and conviction of harassment. Prior to being convicted, he had been convicted of uttering threats and was sentenced to 12 months of imprisonment. While serving that sentence, Mr. G convinced others to harass the complainant with phone calls and letters and was convicted of harassment and sentenced to four years imprisonment. The accused remained in custody after his release date for his time served for uttering threats for an additional 19 months. The trial judge gave him credit for 18 months of pre-sentence custody. On appeal, Mr. G argued he should have been awarded time on a two for one basis. The appellant judge did not find that a two for one credit was warranted but did find that more than 18 months credit was. The appeal was allowed, and the sentence was reduced to two years less a day with three years of probation and additional orders including a no con-tact order, and a weapons prohibition.

 

Criminal Offence(s): Criminal Harassment