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
1The 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.
2We agree.
3Leave 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."