10/21/2015 20:04 EDT | Updated 10/21/2016 01:12 EDT

B.C. judge's refusal to apply mandatory-minimum sentence appealed by Crown

VICTORIA — A B.C. judge's decision that a mandatory-minimum sentence for a gun conviction was "grossly disproportionate" and violated a man's charter rights will be appealed by prosecutors.

The Criminal Justice Branch announced Wednesday it is appealing the sentence given to Jeffrey Oud, who was convicted of reckless use of a firearm for discharging a rifle at a house, grazing one person and narrowly missing others inside. 

The Crown asked for a five- to seven-year prison term, but Justice Robin Baird sentenced Oud to four years, ruling there was no justification under the constitution for such a long term.

Baird said in his ruling that the prison term was adequate for a first-time offence for a man who had a solid work history, a good family and who has sworn off drugs and stayed clean.

The branch says in a news release that there were errors in the judgment and the public interest requires an appeal.

It says the judge didn't sufficiently consider the principles of denunciation and deterrence and failed to impose a term that was proportionate to the gravity of the offence.

The Canadian Press