Court File and Parties
Court of Appeal for Ontario Date: 2024-04-12 Docket: COA-24-CR-0039
Before: Benotto, Coroza and Dawe JJ.A.
Between: His Majesty the King, Respondent and Michael Loiselle, Appellant
Counsel: Michael Loiselle, acting in person Myles Anevich, appearing as duty counsel Vallerry Bayly, for the respondent
Heard: April 8, 2024
On appeal from the sentence imposed on December 14, 2023 by Justice Michael B. Carnegie of the Ontario Court of Justice.
Reasons for Decision
1Mr. Loiselle pleaded guilty to four counts of fraud which took place over a two year period. He was sentenced to 18 months incarceration. He seeks leave to appeal his sentence.
2He alleges that the sentencing judge erred by misunderstanding the effect of the 436 days he spent on house arrest. The sentencing judge characterized the restrictions as not creating a “meaningful restriction” on his liberty. This comment was in connection with the request for a conditional sentence.
3While the sentencing judge should have acknowledged and addressed the house arrest, his failure to do so could not have impacted the sentence. The sentencing judge correctly identified a 18 to 24 month period of incarceration as the appropriate range of sentence. He then imposed a sentence at the lowest end of the range.
4We see no basis for appellate intervention.
5Leave to appeal sentence is allowed, but the sentence appeal is dismissed.
"M.L. Benotto J.A."
"S. Coroza J.A."
"J. Dawe J.A."