Does a discount for time served under section 344(a) of the Criminal Code apply to time served time served?
British Columbia, Canada
The following excerpt is from R. v. Wust, 1998 CanLII 5492 (BC CA):
This question was also considered in LaPierre v. The Queen, (supra). Proulx J.A. concluded that the mandatory statutory language I have quoted above does not permit a discount for time served. With respect, I agree with that conclusion. The mandatory sentence prescribed by s. 344(a) is diluted impermissibly if a discount is given (even for time served) that reduces the sentence to one of less than four years.
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