The appellant appealed his sentence, arguing he was entitled to enhanced credit (1.5 to 1) for pre-sentence custody after his bail was revoked.
He had consented to his detention without a show cause hearing.
The Court of Appeal held that an accused whose prior form of release is cancelled under s. 524(8) of the Criminal Code is 'detained in custody' under that section, regardless of whether a separate detention order is made following a show cause hearing.
Consequently, the appellant fell within the exclusion in s. 719(3.1) and was not entitled to enhanced credit.
The appeal was dismissed.
