Court File and Parties

CITATION: R. v. Jones, 2011 ONCA 695

DATE: 20111108

DOCKET: C54327

COURT OF APPEAL FOR ONTARIO

Laskin, Cronk and Blair JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Andrew Edward Jones

Appellant

Counsel: Tina Yuen, for the appellant Jennifer Mannen, for the respondent

Heard: November 4, 2011

On appeal from the sentence imposed on March 23, 2011 by Justice John D. D. Evans of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] Mr. Jones appeals on the sole ground that the trial judge erred by failing to give enhanced credit for pre-sentence custody. This submission rest on the proposition that the amount of pre-sentence custody was not part of the joint submission. We do not accept this proposition.

[2] This was a serious home invasion for which Mr. Jones received a sentence at the very low end of the range. That sentence reflected his aboriginal heritage, the delay in the proceedings leading to his guilty plea, and his medical condition. Equally, in our view, it reflected one for one credit for “dead time”.

[3] Our view finds support in the submissions of counsel on sentencing, especially the submission of defence counsel, who did not ask the trial judge to give enhanced credit.

[4] The sentence appeal is dismissed.