Accused should have received enhanced credit for pre-trial custody

Ontario criminal | Appeal

SENTENCE APPEAL

Accused should have received enhanced credit for pre-trial custody

Accused was convicted of three counts related to his possession of unauthorized prohibited firearm and cartridge magazine. Accused was sentenced to global term of imprisonment of four years, less credit for 402 days, allowed on 1.25 times’ basis as 500 days. Accused appealed sentence. Appeal allowed. Parties agreed that accused should have received credit of 603 days for 402 days of his pre-trial custody on 1.5 times’ basis based on Supreme Court of Canada decision that was released after imposition of sentence. Sentence was otherwise fit. Trial judge properly considered that principles of denunciation and deterrence had to be given substantial weight in sentencing accused for his gun-related offences, especially in light of his aggravating prior gun-related convictions.
R. v. Bediako (Nov. 19, 2015, Ont. C.A., David Watt J.A., David Brown J.A., and L.B. Roberts J.A., File No. CA C59029) 126 W.C.B. (2d) 525.


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