R. v. Voss, 2008 ONCA 723

CITATION: R. v. Voss, 2008 ONCA 723

DATE: 20081023

DOCKET: C48355

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Doherty and Armstrong JJ.A.

BETWEEN:

Her Majesty The Queen

Respondent

and

Brian Voss

Appellant

Counsel:

Irwin A. Koziebrocki, for the appellant

Alexandra Campbell, for the Respondent

Heard: August 22, 2008

On appeal from the sentence imposed on January 16, 2008 by Justice R.D. Clarke of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The Crown acknowledges that the crown at trial did not oppose the usual practice of giving 2 - 1 credit for pre-trial custody. She concedes that, given that concession, the trial judge erred in failing to give enhanced credit for pre-trial custody and that the sentence should be reduced to time served to reflect appropriate credit for the pre-trial custody. We agree and to this extent the appeal is allowed.

[2] As for the restitution order, it is clear from the terms of the order itself (p. 17 Appeal Book) that, despite some confusion in the trial transcript, that the order does not provide for any restitution to the James Estate. Otherwise we see no error in the order.