COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Appellant) v. CHRISTOPHER NEWTON (Respondent)
BEFORE: McMURTRY C.J.O., DOHERTY AND LANG JJ.A.
COUNSEL: Lisa Joyal for the appellant J. Scott Cowan for the respondent
HEARD & ENDORSED: September 14, 2004
On appeal from the sentence imposed by Justice B. McDougall dated February 23, 2004.
A P P E A L B O O K E N D O R S E M E N T
1It is conceded that the trial judge inadvertently gave four for one credit for pre-trial custody rather than the two for one intended. Had the error not been made, the respondent would have received a sentence of 25 months rather than the sentence imposed.
2We believe that a sentence of 25 months is appropriate. The respondent served seven moths before his release in July of 2004.
3We agree that there is an added hardship resulting from the respondent’s re-incarceration.
4We would vary the sentence of the trial judge to one of 21 months having regard for the added hardship of re-incarceration. The respondent will receive credit for time served leaving a remnant of 14 months.
5Leave to appeal sentence granted and the sentence is varied accordingly.