The Crown is appealing a case in which a Manitoba judge rejected the federal government's mandatory minimum sentence for gun crimes.
A Crown attorney has filed an appeal notice in the case of Bryce McMillan, of Carberry, Man., who was sentenced to one year in jail earlier this month.
The mandatory minimum under a recent federal law is four years in prison, but Justice John Menzies of Court of Queen's Bench in Brandon ruled that term would be "excessive" and "harsh".
McMillan, who is 21, pleaded guilty to reckless use of a firearm by shooting six rounds from a .22-calibre rifle into the home of a person he said had been tormenting him.
Nobody was hurt in the September 2011 shooting, although two people were inside the residence at the time.
Menzies said the mandatory minimum under the federal law would amount to cruel and unusual punishment in McMillan's case, and violate the man's Charter rights.