Court of Appeal for Ontario

Date: 2019-11-07 Docket: C67327

Judges: Lauwers, van Rensburg and Hourigan JJ.A.

Between

Her Majesty the Queen Respondent

and

Trevor Durston Appellant

Counsel

Jeffrey Langevin, for the appellant

Michael Fawcett, for the respondent

Heard

November 4, 2019

Appeal

On appeal from the sentence imposed on July 11, 2019 by Justice Alison J. Wheeler of the Ontario Court of Justice, sitting without a jury.

Appeal Book Endorsement

[1] The parties agree that the sentencing judge proceeded on a joint submission intended to result in a penitentiary sentence, in order for the appellant to access treatment programs.

[2] The parties miscalculated, resulting in a sentence that is practically too long.

[3] The appellant argues that a fit sentence was 150 days. The Crown acknowledges that a sentence in the range of four to six months would have been appropriate.

[4] We allow the sentence appeal and substitute 150 days for the 307 days sentence originally imposed.