Court File and Parties

CITATION: R. v. Martins, 2009 ONCA 779

DATE: 20091105

DOCKET: C50893

COURT OF APPEAL FOR ONTARIO

Doherty, Simmons and Lang JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Joao Martins

Applicant/Appellant

Counsel:

Nicholas A. Xynnis, for the applicant/appellant

Julia Sandler, for the respondent

Heard: November 5, 2009

On appeal from the sentence imposed by Justice J.J. Keaney of the Ontario Court of Justice dated January 26, 2006.

APPEAL BOOK ENDORSEMENT

[1] We are told that the immigration authorities treat this as a 2-year sentence because of the length of the pre-trial custody. Without in any way endorsing that interpretation, we are prepared, based in part on the Crown’s consent, to reduce the sentence to 53 weeks, resulting in an effective sentence, according to what we are told is the way immigration authorities calculate these matters of 2 years less a week.

[2] The appeal is allowed.