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Sentence reduced on appeal after appellant was rejected from the treatment program intended by the trial judge.
The appellant appealed his effective sentence of 16 months following guilty pleas to driving offences and possession of stolen property.
The trial judge had imposed a 9-month sentence (in addition to 7 months of pretrial custody) to allow the appellant to attend the Ontario Correctional Institute, which required a 9-month minimum.
After the appellant was rejected from the program, he appealed.
The Court of Appeal allowed the appeal and reduced the sentence to the 5 months originally requested by the Crown, noting the appellant's genuine remorse.
