R. v. Voss, 2008 ONCA 723
COURT OF APPEAL FOR ONTARIO
Winkler C.J.O., Doherty and Armstrong JJ.A.
BETWEEN:
Her Majesty The Queen
Respondent
and
Brian Voss
Appellant
Counsel:
Irwin A. Koziebrocki, for the appellant
Alexandra Campbell, for the Respondent
Heard: August 22, 2008
On appeal from the sentence imposed on January 16, 2008 by Justice R.D. Clarke of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The Crown acknowledges that the crown at trial did not oppose the usual practice of giving 2 - 1 credit for pre-trial custody. She concedes that, given that concession, the trial judge erred in failing to give enhanced credit for pre-trial custody and that the sentence should be reduced to time served to reflect appropriate credit for the pre-trial custody. We agree and to this extent the appeal is allowed.
2As for the restitution order, it is clear from the terms of the order itself (p. 17 Appeal Book) that, despite some confusion in the trial transcript, that the order does not provide for any restitution to the James Estate. Otherwise we see no error in the order.