Court of Appeal for Ontario

Date: 2019-07-10 Docket: C65303

Judges: Rouleau, Tulloch and Fairburn JJ.A.

Between

Her Majesty the Queen Respondent

and

Ryan Treleaven Appellant

Counsel

Ryan Treleaven, self-represented Breana Vandebeek, duty counsel Davin Garg, for the respondent

Heard: July 9, 2019

Background

On appeal from the conviction entered on October 26, 2017 and the sentence imposed on March 23, 2018 by Justice C. Brown of the Superior Court of Justice.

Appeal Book Endorsement

[1] The appellant advised that he is abandoning his conviction appeal. On sentence, the Crown concedes that in light of the fact that a Gladue report was not considered at sentencing, the Gladue report being tendered as fresh evidence on appeal should be accepted.

[2] We accept the Crown's concession that in light of this report, the sentence should be varied to a global sentence of 7 years less pre-trial custody of 2.5 months (50 days at 1.5). In light of the seriousness of the offences and the entirety of the circumstances, we do not give effect to duty counsel's submission that a global sentence of 6 years is appropriate. We grant leave to appeal and substitute the following sentences (as of the date of sentencing) 6 years for the robbery and for counts 5 and 6, 1 year concurrent to each other but consecutive to the robbery count. The 2.5 months of trial custody is applied to reduce this 1 year sentence to a net of 9.5 months on those counts. The sentence in all other respects remains the same.

[3] We do not give effect to the submission that the appellant receive credit for house arrest in light of the fact that the appellant breached his bail shortly after it was granted and ultimately absconded while on bail.

[4] For these reasons the conviction appeal is dismissed as abandoned. Leave to appeal sentence is granted and the sentence is varied in accordance with these reasons.