COURT OF APPEAL FOR ONTARIO
ROSENBERG, LANG and ROULEAU JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
CLAYTON HAYWARD
Appellant
John H. Hale for the appellant
Shelley Maria Hallett for the respondent
Heard and endorsed: November 29, 2007
On appeal from sentence imposed by Justice Robert G. Selkirk of the Ontario Court of Justice dated January 25, 2007.
APPEAL BOOK ENDORSEMENT
1It was not unreasonable for the trial judge to not give credit for pre-trial custody that resulted from the Ottawa and Pembroke charges. The fact that in the result, not all of the pre-trial custody was used up in disposition of the Ottawa charges that occurred after the Pembroke sentencing did not render the sentence unfit. To the contrary, given the appellant’s record, the sentence was well within the appropriate range.
2While leave to appeal sentence is granted, the appeal is dismissed.