CITATION: R. v. Moore, 2011 ONCA 413
DATE: 20110530
DOCKET: C52393
COURT OF APPEAL FOR ONTARIO
Rosenberg, Lang and Watt JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Trevor Moore
Appellant
Brian Snell, for the appellant
Brian G. Puddington, for the respondent
Heard and endorsed: May 20, 2011
On appeal from sentence imposed by Justice Lawrence J. Klein of the Ontario Court of Justice dated December 9, 2009.
APPEAL BOOK ENDORSEMENT
[1] We see no error with the global sentence given the appellant’s record, the nature of the drugs and that the appellant was on probation at the time for the same offence.
[2] We do agree with counsel that the trial judge erred in failing to give credit for the pre-sentence custody. Accordingly, the sentence on count # 6 is reduced to 22 months imprisonment. Leave to appeal sentence is granted, the appeal is allowed and the sentence reduced accordingly.