Court of Appeal for Ontario
Before: O’Connor A.C.J.O., MacPherson and Cronk JJ.A.
Between:
Her Majesty the Queen
Respondent
and
Jeffrey Thompson
Appellant
Counsel:
Louis Strezos, for the appellant
Leslie Paine, for the respondent
Heard: July 6, 2009
On appeal from the sentence imposed by Justice G. Renaud of the Ontario Court of Justice on December 19, 2008.
APPEAL BOOK ENDORSEMENT
1The appeal is allowed. The Crown concedes that there was an error in the warrant for committal. This error overstated the appellant’s sentence by 5 months. As a result, the appellant was not permitted to seek early parole as the trial judge intended and as he would have been had the error not been made.
2In the result, we accept the joint submission of counsel to reduce the custodial position of the sentence to time served. In all other regards, the sentence remains the same.