Court of Appeal for Ontario

Citation: R. v. Thompson, 2009 ONCA 557

Date: 20090707

Docket: C50078

Before: O’Connor A.C.J.O., MacPherson and Cronk JJ.A.

Between:

Her Majesty the Queen

Respondent

and

Jeffrey Thompson

Appellant

Counsel:

Louis Strezos, for the appellant

Leslie Paine, for the respondent

Heard: July 6, 2009

On appeal from the sentence imposed by Justice G. Renaud of the Ontario Court of Justice on December 19, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appeal is allowed. The Crown concedes that there was an error in the warrant for committal. This error overstated the appellant’s sentence by 5 months. As a result, the appellant was not permitted to seek early parole as the trial judge intended and as he would have been had the error not been made.

[2] In the result, we accept the joint submission of counsel to reduce the custodial position of the sentence to time served. In all other regards, the sentence remains the same.