Court of Appeal for Ontario

Date: 2021-08-30 Docket: C67879

Before: Feldman, Tulloch and Nordheimer JJ.A.

Between: Her Majesty the Queen, Respondent and Richard Hillier, Appellant

Counsel: Ryan Heighton, for the appellant Amanda Hauk, for the respondent

Heard: In writing

On appeal from the conviction entered on September 6, 2019 and the sentence imposed on December 13, 2019 by Justice A. Thomas McKay of the Ontario Court of Justice.

Addendum

[1] On March 24, 2021, we released our decision in which we allowed the appeal, set aside the convictions on counts 2, 4 and 5 and ordered a new trial on those counts. With the agreement of the respondent, the conviction on count 3 was quashed. We also set aside the conviction on count 1 and substituted a conviction for simple possession. We then invited the parties to file written submissions on the appropriate sentence to be imposed on count 1, including allowance for time already served.

[2] The parties filed their submissions, but those submissions only reached the panel very recently. The parties jointly submit that a sentence of six months should be imposed on count 1 before credit for pre-sentence custody. We agree that that is an appropriate sentence for the offence.

[3] The appellant has already spent more than a year in pre-trial custody. Consequently, we impose a sentence of time served on count 1.

"K. Feldman J.A."

"M. Tulloch J.A." "I.V.B. Nordheimer J.A."