Leo Crockwell is out of jail

Rosie
Rosie Mullaley
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Leo Crockwell is a free man.

Leo Crockwell

The 58-year-old walked out of Her Majesty’s Penitentiary in St. John’s at 7:55 p.m. Friday after serving more time behind bars than he was supposed to serve.

While it’s  not known where he is living, Crockwell did return to Bay Bulls and spent Friday night in the company of friends, The Telegram has learned.

“You couldn’t wipe the smile off his face,” an anonymous source said today.

On June 1, 2012, Crockwell was convicted of firearms charges as a result of an eight-day armed standoff with the RCMP in December 2010. On Feb. 15, Justice Richard LeBlanc sentenced Crockwell to a global sentence of four years (1,460 days), with three years’ probation. Crockwell was given straight-time credit for the 797 days he’d already spent in custody.

With prisoners normally serving the provincial standard two-thirds of their sentence, Crockwell wasn’t scheduled to be released for another five months.

However, that changed last week when a Newfoundland Supreme Court judge concluded Crockwell should be released earlier.

Justice Alphonsus Faour ruled that calculating Crockwell’s release date should have been based on his total four-year sentence because that was the mandatory minimum for the charges, according to the Criminal Code of Canada.

The judge’s decision came after Crockwell filed an application, claiming corrections authorities and prison administrators had miscalculated his sentence.

The calculations being used were based on the time Crockwell had left to serve after credit for pre-trial custody — 21 months and 25 days.

However, during a hearing to argue the case last week, Crockwell’s lawyer, Nick Westera, said the proper way to work out his sentence would be to calculate two-thirds of the total sentence.

That would mean he was supposed to be freed from jail in August of this year.

Westera, argued Crockwell’s pre-trial custody was part of his sentence.

Faour agreed and Crockwell walked out of court a happy man, knowing he would be home for the holidays.

However, it was unclear how long it would take administrators to process his release.

The arrangements were made in time for Crockwell to be home for the holidays.

rgillingham@thetelegram.com

Twitter: @TelyCourt

Organizations: The Telegram, RCMP

Geographic location: Bay Bulls

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Recent comments

  • Open Minded
    December 24, 2013 - 11:59

    When are we as a society going to realise that our jails are full of people who need a different kind of help. Leo falls into this category, anyone who knows him knows that.

  • In the Know
    December 23, 2013 - 16:33

    This causes me worry. The judge made an error in his decision, for several reasons. First is that the Criminal Code of Canada states that a sentence begins when it is imposed. You cannot impose a sentence retroactively. Therefore the sentence and remission must be calculated as of the date of sentencing. As well, under the Code there is no such thing as a sentence of "time served", credit for time spent on remand may be considered but that is a factor in sentencing but not a sentence. Finally, he received two years probation. Probation can only be applied when a person receives a provincial sentence (less than two years) therefore he could not have been given a 4 year sentence but he was given a 21 month sentence. His remission time would have been correctly calculated as of his sentencing date, not as his in custody date - as was suggested by Leo. Here is my source of concern, the Crown will likely appeal and be successful and Leo will have to return to custody - how peacefully do you think he is going to go when they come to arrest him ...

  • Robert
    December 23, 2013 - 14:57

    Funny how easily some people dismiss domestic bullying! Sadly in Newfoundland it is rampant! The courts had an opportunity to send a message and they did.......directly opposite to what needed to be said. And the police know this better then anybody; they deal with it on every shift!!

  • Marlene
    December 23, 2013 - 12:25

    yayyyyyyy.....about time....Leo I hope you have the best Christmas ever and a remarkable new year. You deserve it....you should have been home long ago :)

  • Lest We Forget
    December 23, 2013 - 12:15

    Let's not forget that Leo did more than just hold up in his house and shoot at a police robot. He has also hit his sister and pointed a gun at her. Don't hit your sister and point a gun at her anymore, Leo or you'll wind up in jail again WHERE YOU BELONG.

    • don't forget either
      December 23, 2013 - 20:42

      it was also because of Leo's actions that his mother had to find another place to live.

    • Chris
      December 24, 2013 - 05:13

      Under certain circumstances, some people act out in a way that we are not familiar with. Did Leo have a mental issue that needed to be addressed but didn't know how to go about getting the right help. Did he have an issue with his family that just blew out of control and after it was all said and done, he just sat and said to himself " My God, what have I done....Please God forgive me ".....You don't know what had brought on this situation so how can you be the Judge and Jury and post the crap you posted !!!! In time, I'm sure Leo and his family will resolve whatever they had been bickering about in the first place and Leo will say he is so sorry for what he has done to both his mother and sister and maybe they can embrace and put this behind them and lead a productive life together. We should have forgiveness in our hearts because we don't know why this had all come about in the first place. People make mistakes and learn by them........Leo, my heart goes out to you and your family. When I first say this on the news, my heart went out to you because something didn't seem right. You didn't look like the kind of person that would hurt anyone. Hug your mom and sister as hard as you can and ask for their forgiveness and Leo....Merry Christmas to you and your family !!!!!

  • Chantal
    December 23, 2013 - 10:11

    Have a happy and healthy Christmas and New Year's, Leo.

    • good person
      December 25, 2013 - 04:48

      Yes, Leo was always and is a great person to his family and friends. Stress and anxiety can build up and others can take advantage of that. Leo, I know you have apologized to your family. (and rightly so). Now return to the Lord and ask for guidance. You will be certain to get the help that is needed. You and your family are in my prayers.