Court of Appeal for Ontario

CITATION: R. v. Harrison, 2015 ONCA 34

DATE: 20150121

DOCKET: C57649

BEFORE: Laskin, LaForme and Rouleau JJ.A.

BETWEEN

Her Majesty the Queen Respondent

and

Ronald Harrison Appellant

COUNSEL: Kristin Bailey, for the appellant Hannah Freeman, for the respondent

HEARD: January 16, 2015

On appeal from the sentence imposed on July 11, 2013 by Justice Eleanor M. Schnall of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The sentencing judge did not have the benefit of the Supreme Court of Canada’s decision in Summers. There is no suggestion the appellant would not have received parole. Having regard to paragraph 71 of the Supreme Court of Canada’s decision, the appellant is entitled to 1:5 to 1 credit for all of his pre-sentence custody.

[2] The appeal is allowed and the appellant is entitled to a further 5 months credit for pre-sentence custody.