R. v. Arsenijevic
The trial judge erred by awarding only 1:1 credit for pre-sentence custody; because parole was unavailable during that custody and the judge failed to consider the appellant's intention to attend the Algoma Treatment Centre, the appellant was entitled to enhanced 2:1 credit for pre-sentence custody (totaling 14...
Source-derived case information.
- Citation
- 2011 ONCA 356
- Parties
- Respondent: Her Majesty the Queen; Appellant: Bozidar Arsenijevic
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 May 2011
- Procedural Posture
- Criminal / Appeal From Sentence Imposed September 15, 2008 (superior Court of Justice)
- Outcome
- Appeal allowed in part
- Legal Topics
- Pre Sentence Custody Credit, Parole Ineligibility, Rehabilitative Treatment Attendance, Enhanced Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Bozidar Arsenijevic
Appellant
Procedural Posture
Criminal / Appeal From Sentence Imposed September 15, 2008 (superior Court of Justice)
Legal Issues
- 1 Whether the appellant was entitled to enhanced (greater than 1:1) credit for pre-sentence custody due to the unavailability of parole during that custody
- 2 Whether the trial judge erred by failing to consider the appellant's desire to attend the Algoma Treatment Centre when assessing credit
- 3 Whether the overall sentence was fit despite any error in credit calculation
Ratio Decidendi
The trial judge erred by awarding only 1:1 credit for pre-sentence custody; because parole was unavailable during that custody and the judge failed to consider the appellant's intention to attend the Algoma Treatment Centre, the appellant was entitled to enhanced 2:1 credit for pre-sentence custody (totaling 14 months and two weeks), while the overall sentence was otherwise fit.
Court Disposition
Appeal allowed in part
Orders
- Appeal allowed to the extent of increasing pre-sentence custody credit to 2:1
- Pre-sentence custody credit adjusted to total 14 months and two weeks
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Arsenijevic Collection Decisions of the Court of Appeal Date 2011-05-05 Neutral citation 2011 ONCA 356 Docket numbers C50239 Judges Laskin, John Ivan; Feldman, Kathryn N.; MacPherson, James C. Subject Criminal Decision Content CITATION: R. v. Arsenijevic, 2011 ONCA 356 DATE: 20110505 DOCKET: C50239 COURT OF APPEAL FOR ONTARIO Laskin, Feldman and MacPherson JJ.A. BETWEEN Her Majesty the Queen Respondent and Bozidar Arsenijevic Appellant Robin McKechney, for the appellant David Friesen, for the respondent Heard: May 3, 2011 On appeal from the sentence imposed on September 15, 2008 by Justice T. David Little of the Superior Court of Justice. APPEAL BOOK ENDORSEMENT [1] In our view, the overall sentence was fit. However, the trial judge erred in giving only one for one credit for pre-sentence custody. [2] The appellant was entitled to enhanced credit for the unavailability of parole for pre-sentence custody. Moreover, the appellant’s desire to attend the Algoma Treatment centre was a factor the trial judge ought to have, but failed to, consider. [3] Overall we conclude that the appellant was entitled to 2:1 credit for his pre-sentence custody – or a total of 14 month, two weeks. [4] To that extent the appeal is allowed.