Court of Appeal for Ontario
Before: Laskin, Juriansz and Tulloch JJ.A.
Between
Her Majesty the Queen
Respondent
and
Kevin Minoose
Appellant
Counsel:
Howard L. Krongold, for the appellant
Matthew Asma, for the respondent
Heard: September 19, 2012
On appeal from the sentence imposed by Justice P. Kane of the Superior Court of Justice dated July 28, 2011.
APPEAL BOOK ENDORSEMENT
1The Crown fairly acknowledges that the sentencing judge made two errors in principle: first he wrongly held that the Truth in Sentencing Act precluded him from giving 2:1 credit after the passage of the Act; and second in his Gladue analysis, he wrongly required the appellant to show a causal connection between his aboriginal background and the commission of the offence.
2That said, the trial judge gave thoughtful reasons for the sentence he imposed. And, in our view, the sentence he intended to impose would be a fit sentence. We agree with Mr. Krongold that, but for his error on the effect of the statute, the trial judge would have given 2:1 credit throughout. Therefore, giving effect to the trial judge’s intent, we increase the credit given to the appellant for pre-trial custody by a further 17 months. Accordingly, leave to appeal sentence is granted and the appeal is allowed to the extent reflected in this endorsement.