R. v. Whyte
The trial judge erred in law by giving a 1.5:1 pretrial custody credit contrary to s.719(3.1); because the appellant was detained under s.524(4), credit must be applied on a 1:1 basis for 79 days, producing an effective sentence of 169 days; the appeal is allowed to reflect that amendment and ancillary orders remain...
Source-derived case information.
- Citation
- 2014 ONCA 846
- Parties
- Respondent: Her Majesty the Queen; Appellant: Mark Whyte
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 26 November 2014
- Procedural Posture
- Criminal / Appeal From Sentence to Court of Appeal
- Outcome
- Appeal allowed in part; sentence amended to reflect recalculated pretrial custody credit and total effective sentence of 169 days; ancillary orders remain in force.
- Legal Topics
- Pretrial Custody Credit, Sentencing, Ancillary Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Mark Whyte
Appellant
Procedural Posture
Criminal / Appeal From Sentence to Court of Appeal
Legal Issues
- 1 Whether the trial judge could apply a 1.5:1 credit for pretrial custody contrary to s.719(3.1) of the Criminal Code
- 2 Proper calculation of pretrial custody credit for a detainee held under s.524(4) of the Criminal Code
- 3 Effect of recalculated credit on total effective sentence and ancillary orders
Ratio Decidendi
The trial judge erred in law by giving a 1.5:1 pretrial custody credit contrary to s.719(3.1); because the appellant was detained under s.524(4), credit must be applied on a 1:1 basis for 79 days, producing an effective sentence of 169 days; the appeal is allowed to reflect that amendment and ancillary orders remain in force.
Court Disposition
Appeal allowed in part; sentence amended to reflect recalculated pretrial custody credit and total effective sentence of 169 days; ancillary orders remain in force.
Orders
- Pretrial custody credit recalculated on a 1:1 basis for 79 days.
- Total sentence amended to 169 days.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Whyte Collection Decisions of the Court of Appeal Date 2014-11-26 Neutral citation 2014 ONCA 846 Docket numbers C59114 Judges Doherty, David H.; Laskin, John Ivan; Hourigan, C. William Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Whyte, 2014 ONCA 846 DATE: 20141125 DOCKET: C59114 Doherty, Laskin and Hourigan JJ.A. BETWEEN Her Majesty the Queen Respondent and Mark Whyte Appellant Paul Calarco, for the appellant Sabrina Montefiore, for the respondent Heard: November 18, 2014 On appeal from the sentence imposed by Justice Ramez Khawly of the Ontario Court of Justice, sitting alone, dated June 13, 2013. APPEAL BOOK ENDORSEMENT [1] Under the terms of the statute (s. 719(3.1)), it was not open to the trial judge to give 1:5:1 credit for pretrial custody. The appellant had been detained under s. 524(4) of the Criminal Code. On a 1:1 basis, the appellant should have received credit for 79 days yielding an effective sentence of 169 days. We are told the time has been served. The ancillary orders remain in force. [2] The appeal is allowed to reflect that the total sentence is 169 days.