Court of Appeal for Ontario

Citation: R. v. Manning, 2016 ONCA 56

Date: 2016-01-19

Docket: C60915

Before: MacPherson, Watt and Miller JJ.A.

Between:

Her Majesty the Queen Respondent

and

Andrew Anthony Manning Appellant

Counsel: Sam Goldstein and Norm Keith, for the appellant John A. Neander, for the respondent

Heard: January 15, 2016

On appeal from the sentence imposed on October 24, 2011 by Justice D.P. Cole of the Ontario Court of Justice.

Endorsement

[1] The appellant pled guilty to four offences – aggravated assault, choking, break and enter, and kidnapping – and was sentenced pursuant to a joint submission. The sentence imposed was 8 years less credit for 261 days served in pre-sentence custody on a 1:1 basis.

[2] The sentence preceded R. v. Summers, 2014 SCC 26, which held that under the Truth in Sentencing Act, time served in pre-trial custody could justify granting enhanced credit at a rate of 1.5:1.

[3] The appellant’s co-accused, Jahmal Anthony Hodge, was granted enhanced credit on a 1.5:1 basis by this Court on appeal. The appellant argues that the principle of parity requires that he benefit from Summers in the same way. Additionally, the Crown advised the Court that the appellant’s parole officer reports that the appellant appears to be “doing well” in custody.

[4] On these particular facts, the appeal is allowed and the sentence is varied to credit his 261 days of pre-sentence custody at the ratio of 1.5:1.

"J.C. MacPherson J.A."

"David Watt J.A."

"B.W. Miller J.A."