Court of Appeal for Ontario
Simmons, Trotter & Favreau JJ.A.
BETWEEN
His Majesty the King
Respondent
and
David Michael DuBois
Appellant
Counsel:
David Michael DuBois, acting in person
Jeff Marshman, appearing as Duty Counsel
Erica Whitford, for the respondent
Heard and released orally: February 5, 2025
On appeal from the sentence imposed on May 29, 2023 by Justice Jeffery R. Richardson of the Ontario Court of Justice.
REASONS FOR DECISION
1Following a guilty plea, the appellant was sentenced to 12 years’ imprisonment less credit for pre-sentence custody, for the manslaughter of his domestic partner.
2On appeal, he argues that the sentence should be reduced by a credit for harsh conditions of pre-sentence custody. We reject this submission.
3The sentence was based on a joint submission by experienced counsel. We are not prepared to assume they did not take account of this factor. The sentence is entirely fit.
4Leave to appeal sentence is granted, but the appeal is dismissed.
“Janet Simmons J.A.”
“Gary Trotter J.A.”
“L. Favreau J.A.”