COURT OF APPEAL FOR ONTARIO
DOHERTY, GILLESE and EPSTEIN JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
RICHARD RISING
Appellant
Counsel:
John R. Mann III for the appellant
Sara Egan for the respondent
Heard: January 18, 2008
On appeal from the sentence imposed by Justice R.G.E. Hunter of the Ontario Court of Justice dated August 28, 2006.
APPEAL BOOK ENDORSEMENT
1We are satisfied that the appeal should be allowed and the sentence varied to time served. The common intention was that the appellant should receive ninety days for these charges and sixty days for the subsequent offence. It was also common ground that the time in custody should be attributable to one sentence or the other, but not both. On those assumptions, the appellant should have two days left on the sentence. The Crown quite properly does not ask for the appellant’s re-incarceration for two days.
2Consequently, the appeal is allowed and the sentence is varied to time served. The proceedings in the Superior Court are moot and should be discontinued.