Court File and Parties

Court of Appeal for Ontario Date: 2024-04-12 Docket: COA-24-CR-0039

Before: Benotto, Coroza and Dawe JJ.A.

Between: His Majesty the King, Respondent and Michael Loiselle, Appellant

Counsel: Michael Loiselle, acting in person Myles Anevich, appearing as duty counsel Vallerry Bayly, for the respondent

Heard: April 8, 2024

On appeal from the sentence imposed on December 14, 2023 by Justice Michael B. Carnegie of the Ontario Court of Justice.

Reasons for Decision

[1] Mr. Loiselle pleaded guilty to four counts of fraud which took place over a two year period. He was sentenced to 18 months incarceration. He seeks leave to appeal his sentence.

[2] He alleges that the sentencing judge erred by misunderstanding the effect of the 436 days he spent on house arrest. The sentencing judge characterized the restrictions as not creating a “meaningful restriction” on his liberty. This comment was in connection with the request for a conditional sentence.

[3] While the sentencing judge should have acknowledged and addressed the house arrest, his failure to do so could not have impacted the sentence. The sentencing judge correctly identified a 18 to 24 month period of incarceration as the appropriate range of sentence. He then imposed a sentence at the lowest end of the range.

[4] We see no basis for appellate intervention.

[5] Leave to appeal sentence is allowed, but the sentence appeal is dismissed.

"M.L. Benotto J.A."

"S. Coroza J.A."

"J. Dawe J.A."