Court of Appeal for Ontario
DATE: 20230505 DOCKET: COA-22-CR-0450
Fairburn A.C.J.O., MacPherson and Zarnett JJ.A.
BETWEEN
His Majesty the King Respondent
and
Mark Nurse Appellant
Counsel: Mark Nurse, acting in person Amy Ohler, appearing as duty counsel Nicholas Hay, for the respondent
Heard and released orally: May 1, 2023
On appeal from the sentence imposed by Justice Lorelei M. Amlin of the Ontario Court of Justice on October 14, 2022.
REASONS FOR DECISION
[1] The appellant pled guilty to numerous firearm-related offences and a few others. The parties came to the sentencing proceeding with a joint position. The sentence was imposed in accordance with that position. The appellant claims that the trial judge failed to grant sufficient Duncan credit. We disagree.
[2] The joint position, as well as the reasons for sentence, clearly reflect that careful attention was paid to the Duncan issue. The sentencing reasons reflect that the particularly difficult circumstances of the appellant’s presentence custody were used as a strong mitigating factor on sentence. This accounts for what is otherwise a very lenient sentence, given the nature of the crimes.
[3] Leave to appeal sentence is granted. The sentence appeal is dismissed.
“Fairburn A.C.J.O.”
“J.C. MacPherson J.A.”
“B. Zarnett J.A.”