Court File and Parties

CITATION: R. v. Fraser, 2011 ONCA 197

DATE: 20110311

DOCKET: C52262

COURT OF APPEAL FOR ONTARIO

Simmons, Rouleau and Karakatsanis JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

Mansa Adisa Fraser

Appellant

Counsel: Kate Oja, for the appellant Maria Stevens, for the respondent

Heard and endorsed: March 8, 2011

On appeal from sentence imposed by Justice Zivolak for the Ontario Court of Justice dated March 17, 2010.

APPEAL BOOK ENDORSEMENT

[1] The sentencing judge did not advert to pre-sentence custody in her reasons. As the reasons do not disclose whether she took pre-sentence custody into account, in our view, the reasons reflect an error in principle.

[2] Leave to appeal is granted. The appeal is allowed and the sentence on the robbery charge is reduced by 80 days.