Court of Appeal for Ontario
Date: 2025-07-22
Docket: COA-23-CR-1272
Coram: Fairburn A.C.J.O., Trotter and Harvison Young JJ.A.
Between
His Majesty the King
Respondent
and
Dontay Williams
Appellant
Breana Vandebeek, acting as duty counsel
Ryan McSheffrey, for the respondent
Heard and released orally: July 17, 2025
On appeal from the sentence imposed by Justice Andrew Pinto of the Superior Court of Justice on August 25, 2023.
Reasons for Decision
[1] This is a sentence appeal. The appellant was convicted of drug-related crimes. He received a global sentence of 4 years to be followed by 2 years’ probation. The parties returned before the trial judge to bring to his attention that s. 731(1)(b) of the Criminal Code of Canada, R.S.C. 1985, c. C-46, prohibits the imposition of a probation order when the total sentence of imprisonment is greater than 2 years. The sentencing judge concluded he was functus officio and, therefore, could not correct the mistake. We need not address whether he was functus. We agree that the probation order must be vacated.
[2] In addition, the parties agree, as do we, that the reasons for sentence make clear that the trial judge’s intention was to impose a net sentence of 3 years after applying a credit of 1 year for pre-sentence custody and credit pursuant to R. v. Downes, 79 O.R. (3d) 321.
[3] Leave to appeal sentence is granted, and the sentence appeal is allowed, only to the extent of: (i) vacating the probation order; and (ii) setting aside the 4-year sentence imposed on count 8 and substituting in its place a sentence of 3 years.
“Fairburn A.C.J.O.”
“G.T. Trotter J.A.”
“A. Harvison Young J.A.”