CITATION: R. v. Hayward, 2007 ONCA 832

DATE: 20071130

DOCKET: C47892

COURT OF APPEAL FOR ONTARIO

ROSENBERG, LANG and ROULEAU JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

CLAYTON HAYWARD

Appellant

John H. Hale for the appellant

Shelley Maria Hallett for the respondent

Heard and endorsed: November 29, 2007

On appeal from sentence imposed by Justice Robert G. Selkirk of the Ontario Court of Justice dated January 25, 2007.

APPEAL BOOK ENDORSEMENT

[1] It was not unreasonable for the trial judge to not give credit for pre-trial custody that resulted from the Ottawa and Pembroke charges. The fact that in the result, not all of the pre-trial custody was used up in disposition of the Ottawa charges that occurred after the Pembroke sentencing did not render the sentence unfit. To the contrary, given the appellant’s record, the sentence was well within the appropriate range.

[2] While leave to appeal sentence is granted, the appeal is dismissed.