DATE: 20050509

DOCKET: C41671

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – JAYSON REID (Applicant/Appellant)

BEFORE:

MCMURTRY C.J.O., LASKIN and MACPHERSON JJ.A.

COUNSEL:

John Norris

for the appellant

Deborah Krick

for the respondent

HEARD & ENDORSED:

May 6, 2005

On appeal from the sentence imposed on January 22, 2004 by Justice A. Donald K. MacKenzie of the Superior Court of Justice, sitting without a jury.

A P P E A L B O O K E N D O R S E M E N T

[1] This is an exceptionally unusual case – the combination of a denial of bail on a second set of charges and refusal to lift bail on the first charge. Given that the second set of charges was withdrawn, it seems to us that the trial judge should have taken this into account as “relevant information” pursuant to s. 726.1, and given appropriate credit to the six months he served pursuant to the second set of charges before they were withdrawn. The effect of this, taking into account that we agree with both the form (custodial, not conditional) and quantum (15 months) of the sentence imposed by the trial judge, is that the appellant should be given 12 months credit (2:1 ratio) for his pre‑trial custody.

[2] Accordingly, leave to appeal is granted and the appeal is allowed and the sentence is varied to time served, taking into account that the appellant has served 3½ months of the sentence.