The accused pleaded guilty to manslaughter arising from a spontaneous altercation outside a Toronto pub in which an unarmed victim died from a single stab wound to the neck.
The parties jointly proposed a five-year penitentiary sentence but disputed whether additional credit should be granted for harsh pre-sentence custody conditions, including lockdowns, triple-bunking, and inadequate medical treatment.
The court accepted that the detention conditions were deplorable and that the accused was denied adequate care for a wrist injury, but held that a further sentence reduction beyond standard Summers credit would render the sentence unfit and underweight denunciation and deterrence.
A five-year sentence was imposed with 566 days of pre-sentence credit, along with DNA and weapons prohibition orders.