Court of Appeal for Ontario
Date: 2023-05-03 Docket: COA-22-CR-0465
Before: Fairburn A.C.J.O., MacPherson and Zarnett JJ.A.
Between: His Majesty the King, Respondent and Siphay Khansaiyasith, Appellant
Counsel: Siphay Khansaiyasith, acting in person Peter Copeland, appearing as duty counsel Jeffrey Wyngaarden, for the respondent
Heard and released orally: May 2, 2023
On appeal from the sentence imposed by Justice Michael R. Gibson of the Superior Court of Justice on November 14, 2022.
Reasons for Decision
[1] The Crown concedes that the Summers credit for pre-trial detention was undercalculated by 64 days and that the sentence should be reduced by that amount.
[2] We agree.
[3] Leave to appeal sentence is granted and the sentence is varied accordingly.
"Fairburn A.C.J.O."
"J.C. MacPherson J.A."
"B. Zarnett J.A."