Court of Appeal for Ontario

Citation: R. v. Whyte, 2014 ONCA 846

Date: 2014-11-25

Docket: C59114

Judges: Doherty, Laskin and Hourigan JJ.A.

Between:

Her Majesty the Queen

Respondent

and

Mark Whyte

Appellant

Counsel:

Paul Calarco, for the appellant

Sabrina Montefiore, for the respondent

Heard: November 18, 2014

On appeal from the sentence imposed by Justice Ramez Khawly of the Ontario Court of Justice, sitting alone, dated June 13, 2013.

APPEAL BOOK ENDORSEMENT

[1] Under the terms of the statute (s. 719(3.1)), it was not open to the trial judge to give 1:5:1 credit for pretrial custody. The appellant had been detained under s. 524(4) of the Criminal Code. On a 1:1 basis, the appellant should have received credit for 79 days yielding an effective sentence of 169 days. We are told the time has been served. The ancillary orders remain in force.

[2] The appeal is allowed to reflect that the total sentence is 169 days.