COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) – and– BRIAN SKELTON (Appellant)
BEFORE: LASKIN, GOUDGE and FELDMAN JJ.A.
COUNSEL: Joseph Wilkinson for the appellant Eric Siebenmorgan for the respondent
HEARD: September 30, 2003
RELEASED ORALLY: September 30, 2003
On appeal from the sentence imposed by Justice R. Jeffrey Flinn of the Superior Court of Justice, sitting without a jury, dated August 26, 2002.
E N D O R S E M E N T
1The gravamen of these offences were the firearms offences. The trial judge was of the view that these offences merited a one‑year sentence. Although we might have viewed them more seriously, we are satisfied that one year for these offences was within an acceptable range.
2Where the trial judge then erred, in our opinion, was in imposing a consecutive sentence of ten months for possession of a candlestick holder. That offence, at best, merited a further sentence of one month. Thus, we conclude that a total sentence of thirteen months on top of ten months pre‑trial custody is a fit sentence. Unfortunately, the trial judge did not, as he should have, specify the credit he was giving for pretrial custody. In concluding that thirteen months is a fit sentence, we take pre‑trial custody into account on a two for one basis. As the appellant has now served thirteen months, we vary his sentence to time served.
1Accordingly, leave to appeal sentence is granted, the appeal is allowed and the sentence is varied to time served.
“John Laskin J.A.”
“S.T. Goudge J.A.”
“K. Feldman J.A.”