Court of Appeal for Ontario

Date: 2018-07-16 Docket: C64502

Judges: Benotto, Trotter and Paciocco JJ.A.

Between

Her Majesty the Queen Respondent

and

Ryan Meloche Appellant

Counsel

Appellant: Ryan Meloche, in person assisted by Amy Ohler, duty counsel

Respondent: Grace Choi

Heard and released orally: July 9, 2018

Appeal Information

On appeal from the sentence imposed on August 1, 2017, by Justice A. Thomas McKay of the Ontario Court of Justice.

Reasons for Decision

[1] This is a sentence appeal. The unusual circumstances arise as follows. The appellant pleaded guilty to several counts, including robbery. The Crown and defence counsel agreed to a joint submission on sentence of 18 months.

[2] At the sentencing hearing, defence counsel made the unusual request for the sentencing judge to go beyond the 18 months to two years, so that the appellant could be in a penitentiary and receive assistance for his addiction.

[3] The Crown consented to this request. In actual fact, the appellant has not served time in the penitentiary at all. Rather, he has been in a detention facility awaiting trial on another matter. Based on these unforeseen circumstances, the Crown submits today that this court should impose the 18 months originally agreed to.

[4] We agree. The sentence of 18 months is substituted for the two years.

[5] On the agreement of the appellant and the Crown, in order to further the goal of rehabilitation, the probation period is increased to two years in the same terms as originally said.

M.L. Benotto J.A.

G.T. Trotter J.A.

David M. Paciocco J.A.