Court File and Parties

CITATION: R. v. Arsenijevic, 2011 ONCA 356

DATE: 20110505

DOCKET: C50239

COURT OF APPEAL FOR ONTARIO

Laskin, Feldman and MacPherson JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Bozidar Arsenijevic

Appellant

Counsel: Robin McKechney, for the appellant David Friesen, for the respondent

Heard: May 3, 2011

On appeal from the sentence imposed on September 15, 2008 by Justice T. David Little of the Superior Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] In our view, the overall sentence was fit. However, the trial judge erred in giving only one for one credit for pre-sentence custody.

[2] The appellant was entitled to enhanced credit for the unavailability of parole for pre-sentence custody. Moreover, the appellant’s desire to attend the Algoma Treatment centre was a factor the trial judge ought to have, but failed to, consider.

[3] Overall we conclude that the appellant was entitled to 2:1 credit for his pre-sentence custody – or a total of 14 month, two weeks.

[4] To that extent the appeal is allowed.