Court of Appeal for Ontario

CITATION: R. v. DuBois, 2025 ONCA 97

DATE: 20250210

DOCKET: COA-23-CR-0607

Simmons, Trotter & Favreau JJ.A.

BETWEEN

His Majesty the King

Respondent

and

David Michael DuBois

Appellant

Counsel:

David Michael DuBois, acting in person

Jeff Marshman, appearing as Duty Counsel

Erica Whitford, for the respondent

Heard and released orally: February 5, 2025

On appeal from the sentence imposed on May 29, 2023 by Justice Jeffery R. Richardson of the Ontario Court of Justice.

REASONS FOR DECISION

[1] Following a guilty plea, the appellant was sentenced to 12 years’ imprisonment less credit for pre-sentence custody, for the manslaughter of his domestic partner.

[2] On appeal, he argues that the sentence should be reduced by a credit for harsh conditions of pre-sentence custody. We reject this submission.

[3] The sentence was based on a joint submission by experienced counsel. We are not prepared to assume they did not take account of this factor. The sentence is entirely fit.

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

“Janet Simmons J.A.”

“Gary Trotter J.A.”

“L. Favreau J.A.”