R. v. Madore
The Court allowed the sentence appeal to the extent of applying a 1.5:1 credit for presentence custody, varying the sentence to 68 months less 24 months credit, and dismissed the appeal as to conviction as abandoned.
Source-derived case information.
- Citation
- 2015 ONCA 20
- Parties
- Respondent: Her Majesty the Queen; Appellant: Joey Armand Madore
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 January 2015
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal allowed in part (sentence varied); appeal as to conviction dismissed as abandoned.
- Legal Topics
- Presentence Custody Credit, Appeal Abandonment, Sentence Variation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Her Majesty the Queen
Respondent
Joey Armand Madore
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether presentence custody credit should be calculated on a 1.5:1 basis
- 2 Whether the sentence should be varied accordingly
- 3 Status of the appeal as to conviction given appellant's notice of abandonment
Ratio Decidendi
The Court allowed the sentence appeal to the extent of applying a 1.5:1 credit for presentence custody, varying the sentence to 68 months less 24 months credit, and dismissed the appeal as to conviction as abandoned.
Court Disposition
Appeal allowed in part (sentence varied); appeal as to conviction dismissed as abandoned.
Orders
- Sentence varied to 68 months less 24 months credit for presentence custody (1.5:1 credit applied)
- Appeal as to conviction dismissed as abandoned per notice filed December 9, 2014
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Madore Collection Decisions of the Court of Appeal Date 2015-01-19 Neutral citation 2015 ONCA 20 Docket numbers C58294 Judges Feldman, Kathryn N.; Simmons, Janet M.; Pardu, Gladys I. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Madore, 2015 ONCA 20 DATE: 20150115 DOCKET: C58294 Feldman, Simmons and Pardu BETWEEN Her Majesty the Queen Respondent and Joey Armand Madore Appellant David W. F. Gault, for the appellant J. Sandy Tse, for the respondent Heard: January 14, 2015 On appeal from the sentence imposed on October 30, 2012 by Justice Catherine Ann Kehoe of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] The Crown concedes that the appeal of the sentence should be allowed and the credit for presentence custody should be on the 1.5:1 basis so that the sentence should be varied to 68 months less 24 months credit for presentence custody. The sentence is varied to that extent. [2] The appeal as to conviction is dismissed as abandoned as per notice filed by the appellant on December 9, 2014.