Court of Appeal for Ontario

Date: 2025-09-15

Docket: COA-25-CR-0698

Judges: Simmons, Monahan and Pomerance JJ.A.

Between

His Majesty the King Respondent

and

Victor Bonenfant Appellant

Counsel

Victor Bonenfant, acting in person

Brandon Chung, acting as duty counsel

Kevin Rawluk, for the respondent

Heard and rendered orally: September 11, 2025

On appeal from: the sentence imposed by Justice Janet Robb of the Ontario Court of Justice on June 6, 2024.

Reasons for Decision

[1] We agree that the trial judge erred in principle in holding that the conditions of the appellant's incarceration while he was completing his conditional sentence in jail, were not relevant in assessing any Duncan/Marshall credit he should be afforded for the offences under appeal. See R. v. Menezes, 2023 ONCA 838, 432 C.C.C. (3d) 394.

[2] However, we conclude that this error did not affect the fitness of the sentence imposed, given the significant aggravating factors present. We do not give effect to the ground of appeal presented by duty counsel.

[3] The appellant also complains about the failure to implement a plea deal. However, it is evident from the record that the Crown was not prepared to proceed with the deal, and that defence counsel did not pursue it in the court below.

[4] Leave to appeal sentence is granted, but the sentence appeal is dismissed.

"Janet Simmons J.A."

"P.J. Monahan J.A."

"R. Pomerance J.A."

Footnotes

[1] R. v. Duncan, 2016 ONCA 754; R. v. Marshall, 2021 ONCA 344.