Court of Appeal for Ontario
Judges: Doherty, Laskin and Hourigan JJ.A.
Between:
Her Majesty the Queen
Respondent
and
Mark Whyte
Appellant
Counsel:
Paul Calarco, for the appellant
Sabrina Montefiore, for the respondent
Heard: November 18, 2014
On appeal from the sentence imposed by Justice Ramez Khawly of the Ontario Court of Justice, sitting alone, dated June 13, 2013.
APPEAL BOOK ENDORSEMENT
1Under the terms of the statute (s. 719(3.1)), it was not open to the trial judge to give 1:5:1 credit for pretrial custody. The appellant had been detained under s. 524(4) of the Criminal Code. On a 1:1 basis, the appellant should have received credit for 79 days yielding an effective sentence of 169 days. We are told the time has been served. The ancillary orders remain in force.
2The appeal is allowed to reflect that the total sentence is 169 days.