A man in southwestern Manitoba has been sentenced to one year of jail for shooting a rifle at the house of someone who bullied him for two years, after a judge disagreed with the mandatory sentence of four years.

Bryce McMillan, 21, of Carberry, Man., pleaded guilty in April to shooting a rifle at the home of a man who he said relentlessly tormented him.

Under federal law, the mandatory sentence in McMillan's case would be four years behind bars.

But in sentencing McMillan on Wednesday in Brandon, Man., Court of Queen's Bench Justice John Menzies went against the mandatory sentence, ruling that it would be in violation of the Charter of Rights and Freedoms.

"I have concluded that the minimum sentence of four years as required by s. 244.2(1) of the Criminal Code violates s. 12 of the Charter in that it constitutes cruel and unusual punishment," Menzies stated in a written decision.

In addition to the one-year jail sentence, McMillan has also been sentenced to two years of supervised probation.

His mother, Darcy McMillan, says she believes the sentence is fair.

"Not very many people have seen what we've been through in the last two years. I'm just glad it's all over with," she told CBC News outside court after the sentencing hearing Wednesday afternoon.

Shots intended to scare bully

Court heard that on Sept. 5, 2011, McMillan armed himself with a .22-calibre rifle and fired six shells at the house of the man, identified in the sentencing decision as T.M.

Four of the shells entered the house. Three people, including T.M., were inside the home at the time but no one was injured.

McMillan admitted his actions were meant to scare the man into leaving him alone and he did not intend to hurt anyone.

T.M. admitted to police that he was among numerous people who publicly humiliated McMillan for two years leading up to the shooting. His actions included verbal taunting and physical confrontations, according to the decision.

Evidence presented in court included photos of graffiti on the Carberry post office building that called McMillan a loser and a "panty thief for life."

McMillan believed that T.M. was responsible for the graffiti, which appeared at the post office at least three times between 2010 and September 2011. As well, photos of the graffiti were posted on the social media website Facebook.

Visibly affected

McMillan told CBC News before the sentencing hearing that the bullying pushed him over the edge and he just snapped.

A pre-sentencing report confirmed that McMillan was visibly affected by the shooting and felt truly remorseful.

A mental health counsellor's report indicated concern that McMillan's mood was fragile and a "period of incarceration could have negative effects on his psychological well being," according to the sentencing decision.

"It is conceded by the Crown that the accused was subjected [to] a prolonged period of bullying in his home community. The bullying involved taunts, physical confrontations, graffiti in public locations and postings on Facebook," Menzies wrote.

Defence lawyers argued that the four-year minimum sentence would be cruel and unusual given McMillan's otherwise clean record and the years of bullying that led to what they described as a lapse in judgment.

The judge ruled that while bullying can't be used to justify McMillan's violent actions, he noted that "to ignore the bullying to which the accused has been subjected is to ignore the central underlying cause of the crime."

"There are many ways a victim of bullying may react to prolonged harassment. It should come to no surprise to anyone that lashing out may be one of them," Menzies wrote.

"While the relationship between the accused and T.M. does not excuse the accused from criminal sanctions, it certainly provides a background the court would be irresponsible to ignore."

Defence lawyer Bob Harrison said he's pleased with the sentence but he suspects the Crown may appeal.

"I'm afraid it may be appealed to the Manitoba Court of Appeal. I think that's probably likely because … it's a decision you don't hear everyday," he told reporters outside court.

Crown prosecutors would only say they are considering an appeal.