Court File and Parties
COURT OF APPEAL FOR ONTARIO
Simmons, Rouleau and Karakatsanis JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Mansa Adisa Fraser
Appellant
Counsel: Kate Oja, for the appellant Maria Stevens, for the respondent
Heard and endorsed: March 8, 2011
On appeal from sentence imposed by Justice Zivolak for the Ontario Court of Justice dated March 17, 2010.
APPEAL BOOK ENDORSEMENT
1The sentencing judge did not advert to pre-sentence custody in her reasons. As the reasons do not disclose whether she took pre-sentence custody into account, in our view, the reasons reflect an error in principle.
2Leave to appeal is granted. The appeal is allowed and the sentence on the robbery charge is reduced by 80 days.