The appellant, Kevin Bedard-Morin, appealed his 22-month sentence for receiving material benefits from the commission of an offence under the Criminal Code.
He argued the sentence was excessive, citing an expectation of time served due to pre-sentence custody, the non-violent nature of his offence compared to cited cases, and insufficient credit for harsh COVID-19 conditions during pre-sentence custody.
The Court of Appeal dismissed the appeal, affirming that pre-sentence custody attributed to an unrelated Quebec offence could not be double-counted for the Ontario offence.
The court found the sentencing judge properly considered aggravating factors, including exploitation of three complainants over months, significant material benefit, and the appellant's criminal record, and appropriately weighed mitigating factors like the guilty plea and COVID-19 conditions.
