COURT OF APPEAL FOR ONTARIO
CITATION: R. v. Menezes, 2022 ONCA 875
DATE: 20221213
DOCKET: C70616
Trotter, Sossin and George JJ.A.
BETWEEN
His Majesty the King
Respondent
and
David Gary Menezes
Appellant
David Gary Menezes, acting in person
Dan Stein, Duty Counsel
Jeffrey Wyngaarden, for the respondent Crown
Heard and released orally: December 5, 2022
On appeal from the sentence imposed on March 20, 2022 by Justice Daniel F. Moore of the Ontario Court of Justice.
REASONS FOR DECISION
[1] On March 28, 2022, Mr. Menezes was convicted of offences in relation to his former intimate partner with whom he has a child. Moore J. of the Ontario Court of Justice imposed a conditional sentence order (“CSO”) that prohibited Mr. Menezes from contacting his former partner, subject to certain exceptions. Mr. Menezes was found to have breached the no contact condition. As a result, his CSO was partially collapsed by Moore J.
[2] Mr. Menezes was found guilty of criminal harassment for the same conduct by Jones J. of the Ontario Court of Justice. Mr. Menezes is in custody awaiting sentencing on that charge, which is scheduled for next week.
[3] Mr. Menezes has abandoned his conviction appeal. Originally, he appealed his sentence on the basis that the conditions imposed as part of the CSO were inappropriate. Specifically, he submitted that the condition prohibiting contact with his ex-wife or ex-partner should be lifted. Now, his focus is on the length of the CSO. In short, he would like to have the time he has spent detained on his collapsed CSO available to be used as dead time on the criminal harassment charge.
[4] We do not accept this submission. The length of the CSO was appropriate when it was imposed. Mr. Menezes finds himself in his present situation because he breached that order. There is no basis to interfere with the running of that sentence. It will be up to the sentencing judge, Jones J., to determine what time
should be credited as dead time on that charge.
[5] Leave to appeal sentence is granted but the appeal is dismissed.
“G.T. Trotter”
“L. Sossin J.A.”
“J. George J.A.”