Court of Appeal for Ontario
Judges: Feldman, Simmons and Pepall JJ.A.
Between:
Her Majesty the Queen, Respondent
and
Khaleel Mohammad, Appellant
Counsel:
Khaleel Mohammad, in person
Leslie Paine, for the respondent
Heard and released orally: April 6, 2016
On appeal from the sentence imposed on December 13, 2015 by Justice John MacDonald of the Superior Court of Justice, sitting without a jury.
Endorsement
1The appellant seeks leave to appeal a global sentence of 6 years, 7.5 months for break and enter with an intent, robbery, assault with a weapon, assault causing bodily harm, mischief under, and uttering death threats. He makes two submissions: 1. that the trial judge erred in his attribution of the 7.5 months of presentence custody, and 2. that the global sentence of 6 years should be reduced to 5 years.
2Crown counsel has acknowledged that there may have been confusion on the part of the trial judge regarding the Crown’s position on whether the 6 year sentence was intended to be in addition to or after credit for the presentence custody. Nevertheless, the trial judge clearly believed that the Crown sought 6 years, plus presentence custody and he also believed that that sentence was fit and required in the circumstances.
3From our reading of the record, it appears that the trial judge did misunderstand the Crown’s position. In our view, it was appropriate to reduce the global sentence of 6 years by the presentence custody, in order to make the credit of the presentence custody a meaningful one.
4We commend the appellant for his clear progress and determination in custody to qualify himself for legitimate work on his release. However, we see no basis to interfere with the 6 year global sentence imposed by the trial judge for these extremely serious crimes. In the result, leave to appeal sentence is granted, the sentence is modified to 6 years less credit of 7.5 months for pretrial custody.
“K. Feldman J.A.”
“J. Simmons J.A.”
“S.E. Pepell J.A.”