R. v. Margerison
The sentencing judge's reasons did not demonstrate that he applied pre-trial custody credit; the Court allowed the appeal in part and reduced the sentence by 204 days to reflect 1.5:1 credit for 136 days of pre-trial custody, while otherwise upholding the sentence as fit given the aggravating circumstances of...
Source-derived case information.
- Citation
- 2022 ONCA 211
- Parties
- Respondent: Her Majesty the Queen; Appellant: Adam Margerison
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 March 2022
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal allowed in part; sentence reduced by 204 days; leave to appeal sentence granted.
- Legal Topics
- Sentencing, Pre Sentence Custody Credit, Lockdown Credit, Possession for the Purpose of Trafficking, Fentanyl Trafficking, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Adam Margerison
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Was the 8-year sentence for possession for the purpose of trafficking unfit?
- 2 Did the sentencing judge fail to apply appropriate pre-trial custody credit?
- 3 Was lockdown credit for early COVID custody required?
Ratio Decidendi
The sentencing judge's reasons did not demonstrate that he applied pre-trial custody credit; the Court allowed the appeal in part and reduced the sentence by 204 days to reflect 1.5:1 credit for 136 days of pre-trial custody, while otherwise upholding the sentence as fit given the aggravating circumstances of fentanyl trafficking.
Court Disposition
Appeal allowed in part; sentence reduced by 204 days; leave to appeal sentence granted.
Orders
- Reduce the 8-year sentence by 204 days to reflect 1.5:1 credit for 136 days pre-trial custody
- Leave to appeal sentence granted
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Margerison Collection Decisions of the Court of Appeal Date 2022-03-11 Neutral citation 2022 ONCA 211 Docket numbers C68863 Judges Huscroft, Grant; Trotter, Gary T.; George, Jonathon C. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Margerison, 2022 ONCA 211 DATE: 20220311 DOCKET: C68863 Huscroft, Trotter and George JJ.A. BETWEEN Her Majesty the Queen Respondent and Adam Margerison Appellant Matthew Gourlay, appearing as duty counsel Sam Weinstock, for the respondent Heard and released orally: March 10, 2022 by video conference On appeal from the sentence imposed on June 23, 2020 by Justice Robert Gee of the Ontario Court of Justice. REASONS FOR DECISION [1] Mr. Gourlay submits that the 8-year sentence on the possession for the purpose of trafficking count was unfit. We disagree. [2] The appellant was trafficking fentanyl and cannot be said to be unfit having regard to the aggravating circumstances. [3] Mr. Gourlay submits, further, that the sentencing judge erred in failing to credit the appellant for pre-sentence custody on the possession conviction, and with lockdown credit during the early COVID period. [4] Although the sentencing judge said that he would credit pre-trial custody on a 1.5:1 basis by imposing a lesser sentence than he otherwise would have, his reasons do not demonstrate that he did so. Accordingly, we would deduct 204 days from the 8-year sentence, reflecting 1.5:1 credit for 136 days pre-trial custody. We are not satisfied that any error was made concerning credit for lockdown conditions that requires our intervention. [5] Leave to appeal sentence is granted. The appeal is allowed and the sentence is reduced by 204 days. The other terms and conditions remain in place. “Grant Huscroft J.A.” “Gary Trotter J.A.” “J. George J.A.”