Nova Scotia- A Dartmouth provincial court judge wants more information on the treatment programs available at the federal level before she sentences John Reginald McLellan for making obscene phone calls about his foot fetish.

The Crown and defence are far apart on their sentencing recommendations for the 28-year-old Dartmouth man, who has a history of calling up strangers to talk about flatulence and smelly socks.

Prosecutor Jean Whelan is asking that Mr. McLellan be sentenced to two years in prison, while defence lawyer Marian Mancini wants a 12- to 14-month conditional sentence for her client.

Mr. McLellan, his bleached blond hair long like his perfectly manicured fingernails, appeared before Judge Alanna Murphy in socks and sandals Friday for sentencing on 17 charges, including making dozens of indecent and harassing phone calls last December.

He was on probation for similar offences at the time.

In August 2006, Chief Judge Brian Gibson convicted Mr. McLellan of 14 offences involving indecent and harassing phone calls and criminal harassment.

The judge gave him an eight-month conditional sentence and placed him on probation for three years, the conditions including no access to a computer or telephone, except a cellphone programmed for emergency numbers only.

But somehow the phone was tampered with so Mr. McLellan could make calls to any number, and in just over a week, he made hundreds of obscene calls to eight people, including some of his previous victims.

“He said he was mad at these individuals because they put him in jail,” Ms. Whelan told the judge.

The Crown said Mr. McLellan called so many times that most of the complainants were forced to turn off their phones or change their numbers.

In some cases, she said, Mr. McLellan threatened the people he called if they refused to go along with his strange requests.

None of the complainants filed victim impact statements, which Ms. Mancini argued was a sign that the incidents were a mere annoyance rather than legitimate threats of violence.

“It was a phone call. It was not something he could have carried out,” she said.

According to a presentence report, Mr. McLellan has had sexual orientation issues from a very early age, which led to problems in school and at home.

Ms. Mancini asked the court to consider her client’s long history of mental health problems when determining where he should serve his sentence.

Mr. McLellan will remain in custody until April 24, when Judge Murphy is expected to make a decision on sentencing.