According to the Supreme Court of Canada, conditional sentences (house arrest) are only eligible for sentences of less than 2 years in total, not for sentences where 2 years or more remain after credits for pre-trial custody and bail are subtracted from a longer sentence.
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N.L. chief justice was wrong to sentence grandparent scammer to house arrest, experts sayHinzugefügt:
Charles Gillen acted as a courier for an organized crime syndicate sent to collect $139,000 from more than a dozen seniors in Newfoundland and Nova Scotia. He was caught, pleaded guilty, and was given a 4-year sentence late last month by Newfoundland and Labrador Chief Justice Raymond Wahlen. But, Wahlen also gave Gillen more than 2 years credit for time he spent in pre-trial custody and on bail. That left him with just shy of 2 years left to serve. Wahlen said Gillen was eligible to serve it as a conditional sentence, otherwise known as house arrest. CBC News has spoken with two law professors and one Crown prosecutor who all say that decision was wrong. That the Supreme Court of Canada has ruled conditional sentences are only eligible for sentences less than 2 years in total and not 2 years after credits are subtracted from a longer sentence.
The Crown is now seeking to overturn the decision, filing documents with the province's appeals court this week stating the sentence should be set aside and Gillen should be returned to prison.
Ryan Cooke, CBC News, St. John's.
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