R. v. Knies, 2014 ONCA 224

1In our view the sentencing judge erred in principle by failing to consider totality when imposing consecutive sentences for the two death threats and criminal harassment. Although the two assaults were very serious offences, having regard to the youth of the offender and the principle of totality, a fit sentence is 18 months less pre-sentence custody of 5 months.

2To be clear our intent is to reduce the 22 months sentence imposed by the trial judge to 18 months less pre-sentence custody of 5 months. The breakdown of the 13 months is as follows:

• Count 1 – I month

• Count 2 – 1 month concurrent

• Count 6 – 6 months consecutive

• Count 7 – 3 months concurrent

• Count 9 – 3 months concurrent

• Count 10 – 3 months concurrent

• Count 11 – 2 months consecutive

• Count 13 – 3 months consecutive

• 1 month consecutive for the breach of recognizance

3Accordingly, leave to appeal sentence is granted and the custodial sentence is reduced from 17 months to 13 months, having regard to the pre-sentence custody of 5 months.