COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) – and – KEVIN JOHNSTON (Appellant)
BEFORE: ROSENBERG, BORINS AND LANG JJ.A.
COUNSEL:
Eric D. McCooeye for the appellant
Deborah Calderwood for the respondent
HEARD & ENDORSED: March 9, 2006
On appeal from sentence imposed by Justice Gladys I. Pardu of the Superior Court of Justice dated October 21, 2005.
A P P E A L B O O K E N D O R S E M E N T
1The Crown properly concedes that the trial judge misapprehended the allocation of the pre-trial custody. Accordingly, leave to appeal sentence is granted, the appeal is allowed and the sentence of imprisonment reduced to time served.
2The appeal is otherwise dismissed and the restitution order and probation order will stand. This was an appropriate case for a restitution order. The trial judge considered the appellant’s ability to pay and she made no error in principle.