COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Nyanin, 2015 ONCA 869

DATE: 20151209

DOCKET: C59013

Doherty, Pepall and Tulloch JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Papayaw Nyanin

Appellant

Christopher A. Avery, for the appellant

Mary Ellen Hurman, for the respondent

Heard: December 8, 2015

On appeal from the sentence imposed by Justice B. Durno of the Superior Court of Justice on March 8, 2013.

APPEAL BOOK ENDORSEMENT

[1] The parties agree that in light of R. v. Summers, decided after sentence was imposed, that the appellant is entitled to additional credit for time served. Based on that additional credit, the sentence should be varied to time served.

[2] We would add that we agree with the trial judge that the offences warranted a sentence of 4 years 10 months.

[3] The appeal is allowed only because of the enhanced credit for presentence custody.