COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN – (Respondent) – and –PRZEMYSLAW WYSOKINSKI (Applicant/Appellant)
BEFORE:
SHARPE, JURIANSZ and ROULEAU JJ.A.
COUNSEL:
James Zegers
for the appellant
Brian McNeely
for the respondent
HEARD & ENDORSED:
June 8, 2005
On appeal from the judgment of Justice G.A. Pockele dated January 20, 2005.
A P P E A L B O O K E N D O R S E M E N T
1In our view, the trial judge erred in failing to give any credit for the 21 days pre-trial custody served in 2002. The trial judge did credit the appellant with 40 days served in 2004-2005 on a one for one basis. As we read his reasons, this was because of flagrant violation of trial conditions which he was entitled to take into account.
2Despite the error with respect to the 21 days, we agree with the Crown that given the gravity of these offences and the appellant’s record, the sentence imposed was a fit one even if credit had been given. Accordingly, leave to appeal sentence is granted but the appeal is dismissed.
“Robert J. Sharpe J.A.”