Court of Appeal for Ontario

CITATION: R v. Branco, 2007 ONCA 344

DATE: 20070507

DOCKET: C46512

WEILER, FELDMAN AND JURIANSZ JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

MANDY JEAN BRANCO

Appellant

Counsel: Joanne Stuart for the appellant Susan Magotiaux for the respondent

Heard: May 1, 2007

On appeal from the sentence imposed on October 30, 2006 by Justice Donald J. Halikowski of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The appellant pleaded guilty to eighteen offences, ten of which were for fraud under $5,000, receiving a total sentence of 18 months imprisonment in addition to 161 days of pre-trial custody. She appeals the custodial portion of her sentence. One issue raised on appeal is the judge’s treatment of credit for pre-trial custody. The trial judge gave the appellant 1:1 credit for her pretrial custody but, on reading the reasons as a whole, his rationale for departing from the recognized practice of 2:1 custody is not ascertainable. Thus, the reasons for sentence do not permit this court to review the factors on which the sentencing judge exercised his discretion. Having regard to the trial judge’s error in principle we would allow the appeal, set aside the sentence imposed, and impose a sentence of time served which is equivalent to 17 months on the basis of 2:1 credit for pretrial custody. All other conditions are to remain the same.