Court of Appeal for Ontario

Date: 2019-02-20 Docket: C65892

Judges: MacPherson, Sharpe and Tulloch JJ.A.

Between

Her Majesty the Queen Respondent

and

Jeffery Drysdale Appellant

Counsel

Appellant: Jeffery Drysdale, in person Scott Hutchison, duty counsel

Respondent: Andrew Hotke

Heard: February 11, 2019

On Appeal

On appeal from the sentence imposed on June 2, 2018 by Justice Patrick Boucher of the Ontario Court of Justice.

Appeal Book Endorsement

[1] We do not agree that the trial judge erred by imposing an 18 month sentence on top of pre-trial custody. This was a joint submission and statements made by both defence counsel and Crown counsel during their submissions were clear that the 18 months was on top of pre-trial custody. The case was extensively pre-tried and the sentencing judge was involved in those discussions. While the appellant did ask the trial judge to consider giving him credit for pre-trial custody that would reduce the sentence below 18 months, we do not agree that given the discussions that had taken place, the trial judge erred by not agreeing to that request.

[2] Ineffective assistance of counsel is not raised as a ground of appeal.

[3] The Crown agrees that the victim fine surcharge should be set aside.

[4] Accordingly the appeal is allowed but only to remove the victim fine surcharge. The appeal is otherwise dismissed.