Convicted gunman gets prison time credited through appeal - InfoNews

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Convicted gunman gets prison time credited through appeal

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February 20, 2015 - 7:28 PM

KAMLOOPS – A drug dealer who was convicted of shooting a man in the shoulder won his appeal to have each day he spent in jail awaiting trial count as a day and a half towards his total sentence.

Brandon “Cheddar” Clifford Schell, was one of five convicts who had their sentences changed by the B.C. Court of Appeal Friday alone and among dozens since a Supreme Court of Canada ruling in April, 2014. The country's highest court held that people who are held in custody before conviction should get "enhanced credit" for their sentences of 1.5 days to 1. That means for every day spent in custody prior to conviction, they are deemed to have served 1.5 days. The ruling is made because time served before conviction doesn't count towards parole eligibility so they will likely serve longer custodial sentences than someone with an identical sentence who wasn't held in custody.

Schell was sentenced to four-and-a-half years federal prison time in August, 2013 for unlawfully discharging a firearm and aggravated assault charges from when he shot Arthur Burley in November, 2011. Before his sentencing, Schell served a year and nine months in provincial custody, which was credited to his total amount remaining.

Schell’s appeal hinged on a Supreme Court of Canada ruling which permitted each day of pre-sentence custody to count as a day and a half.

The credit shaved 32 months off of his 50.5-month sentence.

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