J.M. Simmons

The appellant appealed his effective sentence of 16 months following guilty pleas to driving offences and possession of stolen property.

The trial judge had imposed a 9-month sentence (in addition to 7 months of pretrial custody) to allow the appellant to attend the Ontario Correctional Institute, which required a 9-month minimum.

After the appellant was rejected from the program, he appealed.

The Court of Appeal allowed the appeal and reduced the sentence to the 5 months originally requested by the Crown, noting the appellant's genuine remorse.

In an addendum to a previous decision, the Court of Appeal for Ontario modified its endorsement on consent of the parties to remit the quantification of damages to a different judge of the Superior Court of Justice, rather than the original motion judge.