Court of Appeal for Ontario
Date: 2018-01-09 Docket: C63124
Judges: Doherty, LaForme and van Rensburg JJ.A.
Between
Her Majesty the Queen Respondent
and
Manasie Ipeelee Appellant
Counsel
Fergus J. O'Connor, for the appellant
Andreea Baiasu, for the respondent
Hearing and Appeal
Heard: October 20, 2017
On appeal from the sentence imposed by Justice Diane Lahaie of the Ontario Court of Justice on November 22, 2016.
Appeal Book Endorsement
1The sentencing judge erred in imposing a sentence that exceeded the Crown's position without providing the appellant's counsel with an opportunity to make further submissions in light of the trial judge's inclination to impose a greater sentence than the sentence requested: R. v. Grant, 2016 ONCA 639, at paras. 164-166.
2In light of this error, we have considered the fitness of the sentence de novo. The sentence requested by the Crown at the trial was fit in all of the circumstances. In our view, none of the principles of sentence warrant the imposition of a longer sentence for this particular breach. The sentence is varied to 12 months, less pre-trial custody of 219 days.