DATE: 20061108

DOCKET: C45363

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – ORHAN ABDULOVSKI (Appellant)

BEFORE:

McMURTRY C.J.O., DOHERTY and MACPHERSON JJ.A.

COUNSEL:

Robert Sheppard

for the appellant

Bradley Reitz

for the respondent

HEARD & ENDORSED:

November 7, 2006

On appeal from the sentence imposed at the Superior Court of Justice by Mr. Justice T. David Little on March 7, 2006.

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

[1] The sentencing judge recognized that the norm for pre-sentence custody was 2 for 1 credit. He gave brief reasons for departing from the norm and only gave credit on a 1 for 1 basis. We are not persuaded by his reasons on the remission and education points, especially in light of the fact that he imposed a sentence at the top end of the range proposed by the Crown.

[2] Accordingly, leave to appeal granted, the appeal is allowed and the sentence remains at two years less a day but with credit for pre-sentence custody on a 2 for 1 basis, which in the circumstances means time served.