DATE: 20050914

DOCKET: C43734

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – MICHAEL BOUCHARD (Appellant)

BEFORE:

GOUDGE, FELDMAN AND MACFARLAND JJ.A.

COUNSEL:

Stephen Proudlove

for the appellant

Amanda Rubaszek

for the respondent

HEARD & ENDORSED:

September 9, 2005

On appeal from the conviction by Justice W. Donald August of the Ontario Court of Justice dated April 29, 2005 and from the sentence imposed by Justice W. Donald August dated April 29, 2005.

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

[1] In our view the reasons for sentence reflect a 2 for 1 credit for pretrial custody. This results in a global sentence of 19 months which the Crown fairly acknowledges is outside the range. We agree. In our view the appropriate sentence is time served, crediting pretrial custody at 2 for 1, for a total of 13 months. Leave to appeal sentence granted, appeal allowed and the sentence modified to this extent.