R. v. Petrie
The trial judge's refusal to grant pre-trial custody credit because of the conditional sentence and the failure to sufficiently credit custody during pre-trial motion delays, together with misinformation about restitution, were errors in principle requiring appellate reduction of sentence; accordingly the sentence...
Source-derived case information.
- Citation
- C30580
- Parties
- Respondent: Her Majesty the Queen; Appellant: Joseph Walter Petrie
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 3 December 1999
- Procedural Posture
- Criminal / Appeal From Sentence Imposed September 4, 1998
- Outcome
- Leave to appeal sentence granted; appeal allowed; sentence varied.
- Legal Topics
- Credit for Pre Trial Custody, Probation, Restitution, Appeal Against Sentence, Arson
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Joseph Walter Petrie
Appellant
Procedural Posture
Criminal / Appeal From Sentence Imposed September 4, 1998
Legal Issues
- 1 Whether the trial judge erred in refusing to give any credit for pre-trial custody because of the conditional sentence
- 2 Whether insufficient credit was given for pre-trial custody during delays caused by pre-trial motions
- 3 Whether misinformation about previous restitution orders affected sentencing
Ratio Decidendi
The trial judge's refusal to grant pre-trial custody credit because of the conditional sentence and the failure to sufficiently credit custody during pre-trial motion delays, together with misinformation about restitution, were errors in principle requiring appellate reduction of sentence; accordingly the sentence is reduced to a total of two years' imprisonment with the arson sentence set at one year imprisonment plus two years probation with specific probation conditions.
Court Disposition
Leave to appeal sentence granted; appeal allowed; sentence varied.
Orders
- Leave to appeal sentence granted
- Appeal allowed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Petrie Collection Decisions of the Court of Appeal Date 1999-12-03 Docket numbers C30580 Judges McMurtry, Roy; Rosenberg, Marc; Moldaver, Michael James Subject Criminal Decision Content DATE: 19991203 DOCKET: C30580 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. JOSEPH WALTER PETRIE (Appellant) BEFORE: McMURTRY C.J.O., ROSENBERG and MOLDAVER JJ.A. COUNSEL: Joseph Walter Petrie, the appellant, in person Sharon A. Lavine, Duty counsel Graeme Cameron, for the respondent HEARD: November 23, 1999 On appeal from the sentence imposed by Judge D. M. Nicholas on September 4, 1998 ENDORSEMENT [1] The Crown properly concedes that the trial judge erred in refusing to give any credit for pre-trial custody by reason of the conditional sentence. Pursuant to s. 742.7 of the Criminal Code, the appellant will be required to serve the unexpired portion of the conditional sentence while he is on parole. The trial judge also erred in principle in failing to give sufficient credit for pre-trial custody during the time taken for the disposition of certain pre-trial motions. The trial judge also was misinformed that the appellant had made no restitution on previous restitution orders. [2] Having regard to these errors, we are of the view that the sentence should be reduced to a total of two years' imprisonment. The appellant agreed that a period of probation including terms that he seek treatment for his alcoholism and anger management would be appropriate. Accordingly, leave to appeal sentence is granted, the appeal is allowed, and the sentence for arson is reduced to one year's imprisonment and two years' probation. In addition to the statutory terms, it will be a term of probation that the appellant report to a probation officer within five working days of his release from custody and thereafter as required by the probation officer and that he take treatment for alcoholism and anger management as directed and approved by his probation officer. (signed) "R. McMurtry C.J.O." (signed) "M. Rosenberg J.A." (signed) "M. J. Moldaver J.A."