Court of Appeal for Ontario

Citation: R. v. Sauve, 2007 ONCA 192

Date: 2007-03-20

Docket: C46478

Re:

Her Majesty the Queen (Respondent) – and – Corey James Sauve (Appellant)

Before:

Goudge, MacPherson and LaForme JJ.A.

Counsel:

Jill Makepeace, for the appellant

Amy Alyea, for the respondent

Heard & Endorsed:

March 13, 2007

On appeal from the sentence imposed by Justice Richard C. Gates of the Superior Court of Justice dated August 18, 2006.

Appeal Book Endorsement

[1] In our view the trial judge clearly misunderstood the Crown’s position on sentence and went on to impose a sentence beyond the Crown’s proposal without offering reasons for doing so.

[2] Given this error, we would set aside the sentence imposed. However this was a serious assault in a domestic context, and the appellant has a significant record. We think an appropriate sentence, before giving credit for pretrial custody would therefore be 22 months. We would give some deference to the reduction in credit for pretrial custody given by the trial judge from 2 for 1 to 1.33 for 1 for the reasons he gave, and therefore credit the appellant with 7 months for pretrial custody. In the result leave granted, the appeal allowed, and sentence varied to one of 15 months.