COURT OF APPEAL FOR ONTARIO
Doherty, Pepall and Tulloch JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Papayaw Nyanin
Appellant
Christopher A. Avery, for the appellant
Mary Ellen Hurman, for the respondent
Heard: December 8, 2015
On appeal from the sentence imposed by Justice B. Durno of the Superior Court of Justice on March 8, 2013.
APPEAL BOOK ENDORSEMENT
1The parties agree that in light of R. v. Summers, decided after sentence was imposed, that the appellant is entitled to additional credit for time served. Based on that additional credit, the sentence should be varied to time served.
2We would add that we agree with the trial judge that the offences warranted a sentence of 4 years 10 months.
3The appeal is allowed only because of the enhanced credit for presentence custody.