Court of Appeal for Ontario
Date: 2018-06-06 Docket: C64947
Judges: Lauwers, Pardu and Huscroft JJ.A.
Between
Her Majesty the Queen Respondent
and
Pasram Pitamber Appellant
Counsel
Gerald Chan, duty counsel Leslie Paine, for the respondent
Heard and released orally: June 4, 2018
On appeal from the sentence imposed on December 21, 2017 by Justice J.E. Allen of the Ontario Court of Justice, sitting without a jury.
Reasons for Decision
[1] The sentencing judge refused to give the appellant credit for pre-sentence custody on any more than a one-for-one basis as the appellant had breached the no contact provisions of previous orders on many occasions. The sentencing judge did not have the benefit of R. v. Plante, 2018 ONCA 251, as well as the fresh evidence indicating that the accused has behaved well during his time in custody.
[2] There is no reason to believe that the accused will not be entitled to release after serving two thirds of his sentence in a provincial institution. Parity of treatment in these circumstances between persons released on bail and those detained in custody mandates a further credit on a 1.5:1 basis of 43 days. The sentence was otherwise fit.
[3] The appeal is allowed only to the extent of reducing the sentence by a further of 43 days. The appeal is otherwise dismissed.
"P. Lauwers J.A."
"G. Pardu J.A."
"Grant Huscroft J.A."