R. v. Geddes, 2014 ONCA 838

Court of Appeal for Ontario

Citation: R. v. Geddes, 2014 ONCA 838
Date: 2014-11-26
Docket: C59343

Judges: Weiler, Simmons and Gillese JJ.A.

Between:

Her Majesty the Queen Respondent

and

John Geddes Appellant

Counsel: John Geddes, acting in person Russell Silverstein, appearing as duty counsel Jennifer Mannen, for the respondent

Heard: November 3, 2014

On appeal from the sentence imposed on March 6, 2014 by Justice John B. McMahon of the Superior Court of Justice, sitting without a jury.

Endorsement

1Mr. Geddes appeals his sentence on the basis that he should have received enhanced credit for pre-sentence custody on the basis of 1.5:1. On November 3, 2014, the panel heard Mr. Geddes’ appeal and directed the Crown to obtain the transcript of an in court discussion regarding the appellant’s credit for pre-sentence custody.

2The additional transcript reveals that counsel’s joint submissions of 20 months credit for 17.5 months of pre-sentence custody made at the time of sentencing took into consideration the appellant’s jail conditions but not his lost eligibility for early release.

3In R. v. Summers, 2014 SCC 26, [2014] S.C.J. No. 26, the Court held that the loss of early release alone will generally be a sufficient basis on which to award enhanced credit of 1.5:1. As a result, the Crown now concedes that the appellant’s entire period of pre-sentence custody amounting to 537 days should be credited at the rate of 1.5:1 and that the appellant should receive 806 days credit for pre-sentence custody as requested.

4Accordingly, leave to appeal sentence is granted, the appeal as to sentence is allowed and Mr. Geddes is granted credit for 806 days pre-sentence custody instead of 20 months credit. The balance of the sentence remains in full force and effect.