Court of Appeal for Ontario
Date: 2022-03-11 Docket: C68863
Before: Huscroft, Trotter and George JJ.A.
Between: Her Majesty the Queen, Respondent and Adam Margerison, Appellant
Counsel: Matthew Gourlay, appearing as duty counsel for the Appellant Sam Weinstock, for the Respondent
Heard and released orally: March 10, 2022 by video conference
On appeal from: the sentence imposed on June 23, 2020 by Justice Robert Gee of the Ontario Court of Justice.
Reasons for Decision
[1] Mr. Gourlay submits that the 8-year sentence on the possession for the purpose of trafficking count was unfit. We disagree.
[2] The appellant was trafficking fentanyl and cannot be said to be unfit having regard to the aggravating circumstances.
[3] Mr. Gourlay submits, further, that the sentencing judge erred in failing to credit the appellant for pre-sentence custody on the possession conviction, and with lockdown credit during the early COVID period.
[4] Although the sentencing judge said that he would credit pre-trial custody on a 1.5:1 basis by imposing a lesser sentence than he otherwise would have, his reasons do not demonstrate that he did so. Accordingly, we would deduct 204 days from the 8-year sentence, reflecting 1.5:1 credit for 136 days pre-trial custody. We are not satisfied that any error was made concerning credit for lockdown conditions that requires our intervention.
[5] Leave to appeal sentence is granted. The appeal is allowed and the sentence is reduced by 204 days. The other terms and conditions remain in place.
"Grant Huscroft J.A." "Gary Trotter J.A." "J. George J.A."
