Where a magistrate exercises summary jurisdiction under s 121A of the Justices Act and imposes a sentence at or near the two-year jurisdictional limit, the sentence must be antedated under s 405(2) of the Criminal Code to account for pre-sentence custody, or the magistrate must give reasons for not doing so. Failure to antedate in these circumstances constitutes an effective exceedance of the jurisdictional limit by indirect means and is sentencing error.
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