Court of Appeal for Ontario

Date: 2019-04-15 Docket: C60674

Judges: Feldman, Benotto and Brown JJ.A.

Between

Her Majesty the Queen Respondent

and

Samuel Paul Appellant

Counsel

Michael Dineen, duty counsel Andreea Baiasu, for the respondent

Heard and released orally: April 11, 2019

On appeal from: the sentence imposed on January 29, 2015 by Justice McMahon of the Superior Court of Justice.

Appeal Book Endorsement

[1] It appears that in calculating the credit for pre-sentence custody, the sentencing judge and trial counsel made a mathematical error which resulted in credit of 13 months rather than 13.3 months. Mr. Dineen submits that the sentence should therefore be reduced by 15 days.

[2] Crown counsel agrees with the mathematical result but submits that no correction should be made based on the discretion of the trial judge and the small change involved.

[3] In our view, given that all agree that a mathematical error was made in calculating the 1.5/1 credit for pre-sentence custody which was the clear intention of the sentencing judge, it is appropriate for this court to reduce the sentence by 15 days.

[4] Leave to appeal sentence is therefore granted and the sentence appeal is allowed to the extent of reducing the sentence by 15 days.