Court File and Parties

Court: COURT OF APPEAL FOR ONTARIO Date: 2024-07-09 Docket: COA-23-CR-1245

Between: His Majesty the King, Respondent And: James Lachine, Appellant

Before: Lauwers, Trotter and Paciocco JJ.A.

Counsel: Joe Wilkinson, appearing as duty counsel Akshay Aurora, for the respondent

Heard and released orally: July 8, 2024

On appeal from: the sentence imposed on September 13, 2023 by Justice Scott G. Pratt of the Ontario Court of Justice.

Reasons for Decision

[1] Mr. Lachine was convicted of a serious aggravated assault and was sentenced to three and a half years. Duty counsel questions whether he was given sufficient Downes credit.

[2] The trial judge dealt with this issue in his reasons, and his sentence came in below the Crown’s request. We infer that sufficient Downes credit was given. This is a matter on which this court must defer, absent an error in principle in terms of the amount of such credit, and no such error has been identified.

[3] This is not one of those exceptional cases where post-sentencing rehabilitation efforts warrant an additional reduction in sentence, although we commend Mr. Lachine for these efforts which will work to his benefit when he is released.

[4] The appeal is dismissed.

"P. Lauwers J.A." "Gary Trotter J.A." "David M. Paciocco J.A."