COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Munroe, 2015 ONCA 671

DATE: 20151005

DOCKET: C59927

Strathy C.J.O., MacPherson J.A. and Speyer J. (ad hoc)

BETWEEN

Her Majesty the Queen

Respondent

and

James Munroe

Applicant/Appellant

Counsel:

Meara Conway, for the appellant

Nick Devlin, for the respondent

Heard: October 2, 2015

On appeal from the sentence imposed on January 14, 2015, by Justice G.M. Hornblower of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The Crown agrees that the sentence of one year imprisonment for the possession of 97 grams of marijuana was unfit. It was imposed due to a misapprehension of law that the mandatory minimum applied. We agree the sentence was unfit. We accept the joint submission that the sentence should be varied to 12 days imprisonment.

[2] The appeal is allowed and the sentence is varied accordingly.

[3] As the appellant has served 12 days in custody, he is therefore sentenced to time served.