Trial judge did not exercise discretion unreasonably in not giving credit for stringent bail conditions

Ontario criminal | Appeal

SENTENCE APPEAL

Trial judge did not exercise discretion unreasonably in not giving credit for stringent bail conditions

Accused appealed his five-year sentence on weapons offences and asked that it be reduced to three years less credit for pre-sentence custody. Accused submitted sentencing judge erred by failing to give him any credit for his “stringent” bail conditions and that five years was unfit having regard to potential unconstitutionality of mandatory minimum sentence of three years for trafficking in firearms. Leave to appeal granted; appeal dismissed. Accused was on bail for 32 months. However, even in first five months, accused was not under house arrest, and overall his bail terms were anything but stringent. Indeed, accused used time on bail to further his rehabilitative efforts, which trial judge took into account in sentence she imposed. Accused’s counsel at trial did not ask for credit for his client’s bail conditions. Giving credit for time on bail was discretionary. Trial judge did not exercise that discretion unreasonably in not giving credit. Accused did not challenge constitutionality of three year minimum provision. These were very serious offences. Accused offered to sell six guns and his motive was entirely profit driven. Accused knew that proposed sales were illicit and that guns would be used for criminal purposes. In light of these aggravating considerations was sentence two years above mandatory minimum was entirely fit, even in light of accused’s demonstrated efforts to rehabilitate himself.
R. v. Waldron (Aug. 27, 2015, Ont. C.A., Laskin J.A., Hourigan J.A., and Pardu J.A., File No. CA C59301) 124 W.C.B. (2d) 324.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident