R. v. Reid
Although the appellant argued the judge failed to credit 63 days of pre-sentence custody, the Court concluded from the record that the reduced three-year global sentence reflected consideration of the guilty plea, COVID-19 impacts and pre-sentence custody; therefore there was no error in principle and the appeal fails.
Source-derived case information.
- Citation
- 2021 ONCA 206
- Parties
- Respondent: Her Majesty the Queen; Appellant: Brian Donald Reid
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 31 March 2021
- Procedural Posture
- Criminal Appeal From Sentence / Court of Appeal Decision on Sentence Appeal and Leave to Appeal
- Outcome
- Leave to appeal sentence granted; sentence appeal dismissed; original three-year global sentence upheld.
- Legal Topics
- Sentencing, Pre Sentence Custody Credit, Guilty Plea, Dangerous Driving, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Brian Donald Reid
Appellant
Procedural Posture
Criminal Appeal From Sentence / Court of Appeal Decision on Sentence Appeal and Leave to Appeal
Legal Issues
- 1 Whether the sentencing judge erred in principle by failing to account for pre-sentence custody credit
Ratio Decidendi
Although the appellant argued the judge failed to credit 63 days of pre-sentence custody, the Court concluded from the record that the reduced three-year global sentence reflected consideration of the guilty plea, COVID-19 impacts and pre-sentence custody; therefore there was no error in principle and the appeal fails.
Court Disposition
Leave to appeal sentence granted; sentence appeal dismissed; original three-year global sentence upheld.
Orders
- Leave to appeal sentence granted
- Sentence appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Reid Collection Decisions of the Court of Appeal Date 2021-03-31 Neutral citation 2021 ONCA 206 Docket numbers C68387 Judges Hourigan, C. William; Zarnett, Benjamin; Coroza, Steve A. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Reid, 2021 ONCA 206 DATE: 20210331 DOCKET: C68387 Hourigan, Zarnett and Coroza JJ.A. BETWEEN Her Majesty the Queen Respondent and Brian Donald Reid Appellant Bruce Sosa, for the appellant Mark Luimes, for the respondent Heard and released orally: March 30, 2021 by video conference On appeal from the sentence imposed on May 6, 2020 by Justice Peter C. West of the Ontario Court of Justice. REASONS FOR DECISION [1] The appellant pleaded guilty to the following counts: assault, obstructing a peace officer, failure to appear for court, possession of property obtained by crime under $5,000, two counts of driving while disqualified, and dangerous driving. [2] At the sentencing hearing, both parties suggested a global sentence of three years' incarceration. The only issue was credit for pre-sentence custody of 63 days. The Crown sought a three-year term in addition to the pre-sentence custody. The appellant's position was that the sentence should be three years less the pre-sentence custody. The trial judge acceded to the Crown’s position and imposed a global three-year sentence. [3] The appellant seeks leave to appeal his sentence, arguing that the sentencing judge erred in principle by not taking into account pre-sentence custody credit. [4] We do not give effect to this submission. The Crown initially sought a four-year sentence but agreed to reduce the sentence to three years. It is evident on the record that the reduced sentence imposed took into account the guilty plea, the impact of the COVID-19 pandemic and the pre-sentence custody. [5] Leave to appeal sentence is granted, but the sentence appeal is dismissed. “C.W. Hourigan J.A.” “B. Zarnett J.A.” “S. Coroza J.A.”