Court of Appeal for Ontario

CITATION: R. v. Iem, 2015 ONCA 263

DATE: 20150417

DOCKET: C59358

Doherty, Cronk and Hourigan JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Daniel Iem

Appellant

Counsel:

Richard Litkowski, for the appellant

Molly Flanagan, for the respondent

Heard: April 1, 2015

On appeal from the sentence imposed by Justice Carpenter Gunn of the Superior Court of Justice on November 23, 2013.

APPEAL BOOK ENDORSEMENT

[1] The parties agree that the trial judge erred in her calculation of credit for pre-trial custody in light of R. v. Summers, 2014 SCC 26 (released after the trial judge’s reasons). On a proper calculation, the parties agree that the appellant is entitled to 45 months’ credit for pre-sentence custody, 14 months more than the trial judge granted. The parties agree that a five-year sentence was appropriate. Allowing for the credit for the pre-trial custody, the trial judge should have imposed a 15-month sentence.

[2] We would vary the sentence to 15 months. That sentence of course runs from the date the trial judge imposed the sentence.