R. v. Geddes
Applying R. v. Summers, loss of early release entitlement warrants enhanced pre-sentence custody credit at 1.5:1; therefore 537 days of pre-sentence custody must be credited as 806 days.
Source-derived case information.
- Citation
- 2014 ONCA 838
- Parties
- Appellant: John Geddes; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 26 November 2014
- Procedural Posture
- Criminal / Appeal of Sentence From Superior Court
- Outcome
- Appeal allowed in part; sentence varied to increase pre-sentence custody credit.
- Legal Topics
- Pre Sentence Custody Credit, Enhanced Credit, Loss of Early Release, Application of R. V. Summers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Geddes
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal of Sentence From Superior Court
Legal Issues
- 1 Whether appellant entitled to enhanced pre-sentence custody credit at 1.5:1
- 2 Whether loss of eligibility for early release alone justifies enhanced credit
- 3 Quantification of appropriate credit for 537 days of pre-sentence custody
Ratio Decidendi
Applying R. v. Summers, loss of early release entitlement warrants enhanced pre-sentence custody credit at 1.5:1; therefore 537 days of pre-sentence custody must be credited as 806 days.
Court Disposition
Appeal allowed in part; sentence varied to increase pre-sentence custody credit.
Orders
- Leave to appeal sentence granted
- Appeal as to sentence allowed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Geddes Collection Decisions of the Court of Appeal Date 2014-11-26 Neutral citation 2014 ONCA 838 Docket numbers C59343 Judges Weiler, Karen Merle Magnuson; Simmons, Janet M.; Gillese, Eileen E. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Geddes, 2014 ONCA 838 DATE: 20141126 DOCKET: C59343 Weiler, Simmons and Gillese JJ.A. BETWEEN Her Majesty the Queen Respondent and John Geddes Appellant John Geddes, acting in person Russell Silverstein, appearing as duty counsel Jennifer Mannen, for the respondent Heard: November 3, 2014 On appeal from the sentence imposed on March 6, 2014 by Justice John B. McMahon of the Superior Court of Justice, sitting without a jury. ENDORSEMENT [1] Mr. Geddes appeals his sentence on the basis that he should have received enhanced credit for pre-sentence custody on the basis of 1.5:1. On November 3, 2014, the panel heard Mr. Geddes’ appeal and directed the Crown to obtain the transcript of an in court discussion regarding the appellant’s credit for pre-sentence custody. [2] The additional transcript reveals that counsel’s joint submissions of 20 months credit for 17.5 months of pre-sentence custody made at the time of sentencing took into consideration the appellant’s jail conditions but not his lost eligibility for early release. [3] In R. v. Summers, [2014] S.C.J. No. 26, the Court held that the loss of early release alone will generally be a sufficient basis on which to award enhanced credit of 1.5:1. As a result, the Crown now concedes that the appellant’s entire period of pre-sentence custody amounting to 537 days should be credited at the rate of 1.5:1 and that the appellant should receive 806 days credit for pre-sentence custody as requested. [4] Accordingly, leave to appeal sentence is granted, the appeal as to sentence is allowed and Mr. Geddes is granted credit for 806 days pre-sentence custody instead of 20 months credit. The balance of the sentence remains in full force and effect. “K.M. Weiler J.A.” “Janet Simmons J.A.” “E.E. Gillese J.A.”