Court File and Parties
COURT OF APPEAL FOR ONTARIO
Laskin, Feldman and MacPherson JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Bozidar Arsenijevic
Appellant
Counsel: Robin McKechney, for the appellant David Friesen, for the respondent
Heard: May 3, 2011
On appeal from the sentence imposed on September 15, 2008 by Justice T. David Little of the Superior Court of Justice.
APPEAL BOOK ENDORSEMENT
1In our view, the overall sentence was fit. However, the trial judge erred in giving only one for one credit for pre-sentence custody.
2The appellant was entitled to enhanced credit for the unavailability of parole for pre-sentence custody. Moreover, the appellant’s desire to attend the Algoma Treatment centre was a factor the trial judge ought to have, but failed to, consider.
3Overall we conclude that the appellant was entitled to 2:1 credit for his pre-sentence custody – or a total of 14 month, two weeks.
4To that extent the appeal is allowed.