DATE: 2003-05-09

DOCKET: C34572

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and - GARY WAYNE GABRIEL PATTERSON (Appellant)

BEFORE: MACPHERSON, SIMMONS and GILLESE JJ.A.

COUNSEL: Alan D. Gold for the appellant Robert Kelly for the respondent

HEARD: December 10, 2002

A D D E N D U M

[1] This is an addendum to the reasons for decision released in this matter dated April 23, 2003.

[2] During the hearing of the appeal, defence counsel raised the fact that it appeared that no credit had been given to the appellant for the time that he spent in pre-sentence custody. Crown counsel conceded that the indictment and reasons for sentence of the trial judge gave no indication that due consideration had been given to pre-sentence custody when sentence was imposed. Crown counsel conceded, as well, that pre-sentence custody should be deducted on a 2-for-1 basis from the seven-year sentence that was imposed.

[3] Counsel are agreed that Mr. Patterson served ten weeks of pre-sentence custody.

[4] In the circumstances, leave to appeal from sentence is granted and the appellant’s sentence shall be reduced by twenty weeks.

“J.C. MacPherson J.A.”

“J.M. Simmons J.A.”

“E.E. Gillese J.A.”