Court File and Parties
COURT OF APPEAL FOR ONTARIO
Doherty, Simmons and Lang JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Joao Martins
Applicant/Appellant
Counsel:
Nicholas A. Xynnis, for the applicant/appellant
Julia Sandler, for the respondent
Heard: November 5, 2009
On appeal from the sentence imposed by Justice J.J. Keaney of the Ontario Court of Justice dated January 26, 2006.
APPEAL BOOK ENDORSEMENT
1We are told that the immigration authorities treat this as a 2-year sentence because of the length of the pre-trial custody. Without in any way endorsing that interpretation, we are prepared, based in part on the Crown’s consent, to reduce the sentence to 53 weeks, resulting in an effective sentence, according to what we are told is the way immigration authorities calculate these matters of 2 years less a week.
2The appeal is allowed.