Court of Appeal for Ontario
Doherty, Cronk and Hourigan JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Daniel Iem
Appellant
Counsel:
Richard Litkowski, for the appellant
Molly Flanagan, for the respondent
Heard: April 1, 2015
On appeal from the sentence imposed by Justice Carpenter Gunn of the Superior Court of Justice on November 23, 2013.
APPEAL BOOK ENDORSEMENT
1The parties agree that the trial judge erred in her calculation of credit for pre-trial custody in light of R. v. Summers, 2014 SCC 26 (released after the trial judge’s reasons). On a proper calculation, the parties agree that the appellant is entitled to 45 months’ credit for pre-sentence custody, 14 months more than the trial judge granted. The parties agree that a five-year sentence was appropriate. Allowing for the credit for the pre-trial custody, the trial judge should have imposed a 15-month sentence.
2We would vary the sentence to 15 months. That sentence of course runs from the date the trial judge imposed the sentence.