Court of Appeal for Ontario
Date: 2019-04-15 Docket: C60674
Judges: Feldman, Benotto and Brown JJ.A.
Between
Her Majesty the Queen Respondent
and
Samuel Paul Appellant
Counsel
Michael Dineen, duty counsel Andreea Baiasu, for the respondent
Heard and released orally: April 11, 2019
On appeal from: the sentence imposed on January 29, 2015 by Justice McMahon of the Superior Court of Justice.
Appeal Book Endorsement
1It appears that in calculating the credit for pre-sentence custody, the sentencing judge and trial counsel made a mathematical error which resulted in credit of 13 months rather than 13.3 months. Mr. Dineen submits that the sentence should therefore be reduced by 15 days.
2Crown counsel agrees with the mathematical result but submits that no correction should be made based on the discretion of the trial judge and the small change involved.
3In our view, given that all agree that a mathematical error was made in calculating the 1.5/1 credit for pre-sentence custody which was the clear intention of the sentencing judge, it is appropriate for this court to reduce the sentence by 15 days.
4Leave to appeal sentence is therefore granted and the sentence appeal is allowed to the extent of reducing the sentence by 15 days.