Court of Appeal for Ontario
BEFORE: Laskin, Pepall and Pardu JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
John Strachan
Appellant
COUNSEL:
Breana Vandebeek, for the appellant
Roger Shallow, for the respondent
HEARD: May 9, 2014
On appeal from the sentence imposed on September 24, 2013 by Justice Jon-Jo Douglas of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1We agree with the appellant that the trial judge erred in principle by failing to consider that this was the appellant’s first period of incarceration. The trial judge also erred in his calculation of pre-sentence custody. In accordance with the Supreme Court of Canada’s decision in Summers the appellant was entitled to 115 days credit for pre-sentence custody.
2In all the circumstances we think that the trial Crown’s position of 12 months imprisonment was reasonable.
3The Crown also accepts that two conditions of probation ought to be varied:
para. 11 is varied to provide “Find and maintain suitable employment or attend school as is approved in writing by your probation officer”;
para. 22 is varied by deleting the reference to S.R. Strachan from this no contact provision.
Otherwise the probation order stands.
4Accordingly, we grant leave to appeal sentence, allow the appeal and substitute a sentence of 12 months imprisonment in addition to the 115 days credit for pre-sentence custody, and we vary the probation order as set out above.