Court of Appeal for Ontario

CITATION: R. v. Dinall, 2021 ONCA 22

DATE: 20210113

DOCKET: C68677

Rouleau, van Rensburg and Miller JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Matthew Dinall

Appellant

Counsel:

Matthew Dinall, acting in person

David Parry, duty counsel

Michael Fawcett, for the respondent

Heard and released orally: January 11, 2021 by video conference

On appeal from the sentence imposed on September 8, 2020 by Justice Lynn Robinson of the Ontario Court of Justice, sitting without a jury.

REASONS FOR DECISION

[1] In light of the unusual circumstances in this case, the significant pre‑sentence custody and the fresh evidence, we agree with the Crown concession that the 24-month conditional sentence was unreasonable. We also agree with the joint submission of a custodial sentence of 12 months less credit for pre-sentence custody.

[2] As a result, we grant leave to appeal sentence and vary the sentence to one of twelve months incarceration less credit for pre-sentence custody of five months for a net sentence of seven months incarceration.

“Paul Rouleau J.A.”

“K. van Rensburg J.A.”

“B.W. Miller J.A.”