Court File and Parties

Citation: R. v. Shankar, 2008 ONCA 229 Date: 2008-04-02 Docket: C48038

Court of Appeal for Ontario Before: Doherty, Moldaver and Cronk JJ.A.

Between: Her Majesty the Queen (Respondent) and Corey Chand Shankar (Appellant)

Counsel: Mara B. Greene for the appellant John Patton for the respondent

Heard: March 31, 2008

On appeal from the sentence imposed by Justice Helen Rady of the Superior Court of Justice on May 31, 2007.

Appeal Book Endorsement

[1] The appellant was not serving any sentence when he was sentenced on these charges. He had completed his prior sentence some nine months earlier and had been held in custody exclusively on these charges. The trial judge properly gave 2:1 credit for that nine months. The totality principle as described in s. 718.2(c) has no application to the facts of this case. The appellant’s history of incarceration was part of the overall picture before the trial judge.

[2] The total sentence imposed (42 months having regard to the 18 months credit given for presentence custody) is well within the appropriate range.

[3] The appeal is dismissed.