COURT OF APPEAL FOR ONTARIO
Strathy C.J.O., MacPherson J.A. and Speyer J. (ad hoc)
BETWEEN
Her Majesty the Queen
Respondent
and
James Munroe
Applicant/Appellant
Counsel:
Meara Conway, for the appellant
Nick Devlin, for the respondent
Heard: October 2, 2015
On appeal from the sentence imposed on January 14, 2015, by Justice G.M. Hornblower of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The Crown agrees that the sentence of one year imprisonment for the possession of 97 grams of marijuana was unfit. It was imposed due to a misapprehension of law that the mandatory minimum applied. We agree the sentence was unfit. We accept the joint submission that the sentence should be varied to 12 days imprisonment.
2The appeal is allowed and the sentence is varied accordingly.
3As the appellant has served 12 days in custody, he is therefore sentenced to time served.