COURT OF APPEAL FOR ONTARIO
DATE: 20251218
DOCKET: COA-25-CR-0243
Fairburn A.C.J.O., Monahan and Pomerance JJ.A.
BETWEEN
His Majesty the King
Respondent
and
Christopher Watts
Appellant
Joseph Wilkinson, for the appellant
Stephanie Pak, for the respondent
Heard and rendered orally: December 17, 2025
On appeal from the from the sentence imposed by Justice David Berg of the Ontario Court of Justice, on May 30, 2024.
REASONS FOR DECISION
[1] The appellant pleaded guilty to breaching his Long-Term Supervision Order (LTSO) and was sentenced to three years imprisonment, less pre-sentence custody credited at a rate of 1:1. The appellant worked at a garden centre that employed female high school students, in breach of a condition in his LTSO preventing him from being in the presence of girls under the age of 18 unless supervised by an approved person who knows his criminal history.
[2] He seeks leave to appeal his sentence alleging that the sentencing judge made 3 errors in principle, with counsel focused on one in oral submissions, specifically, the failure to award enhanced credit for pre-sentence custody, particularly in light of harsh custodial conditions.
[3] Despite the able submissions of Mr. Wilkinson, the sentencing judge did not err in refusing to grant enhanced credit for pre-sentence custody. We note that the LTSO continued to run while the appellant was held in custody. Nor do we find that the harsh conditions of pre-sentence custody, even if they had been raised before the sentencing judge, would have affected his decision not to award enhanced credit. It was open to the trial judge to find that granting enhanced credit for pre-sentence custody would decrease the appellant’s necessary period of separation from society to an unacceptable level. We owe deference to that discretionary determination and decline to intervene.
[4] Accordingly, while we grant leave to appeal sentence, the sentence appeal is dismissed.
“Fairburn A.C.J.O.”
“P.J. Monahan J.A.”
“R. Pomerance J.A.”