Damon William Knott and D.A.P. v. Her Majesty the Queen (December 14, 2011)
Case # 33911
This appeal involves an interpretation of the “two-year rule” in regards to sentences and probation orders. The appellants are asking the Supreme Court of Canada to set aside their probation orders.
A section of the Criminal Code states that probation cannot be imposed if the offender is sentenced to imprisonment for a term not exceeding two years. The appellants argue that the B.C. Court of Appeal erred in its interpretation of s. 731(1) of the Criminal Code. The main issue in this appeal is whether the two-year rule can be applied to different sentences imposed on an offender at different times.
Knott served almost three years in prison on concurrent and consecutive sentences for offences that included breaking and entering. D.A.P. was serving two years for sexually assaulting his two stepchildren when he received a concurrent sentence for breaking into the home of his common-law wife.