R. v. Abdulovski
The sentencing judge's reasons for departing from the 2:1 pre-sentence custody credit norm were inadequate on the remission and education points; accordingly the Court allowed the appeal and ordered credit on a 2:1 basis, resulting in time served for the two years less a day sentence.
Source-derived case information.
- Citation
- C45363
- Parties
- Respondent: Her Majesty the Queen; Appellant: Orhan Abdulovski
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 November 2006
- Procedural Posture
- Criminal / Appeal From Sentence (court of Appeal)
- Outcome
- Leave to appeal granted; appeal allowed; sentence adjusted to provide 2:1 credit for pre-sentence custody resulting in time served.
- Legal Topics
- Pre Sentence Custody Credit, Remission, Education Credits, Appeal of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Orhan Abdulovski
Appellant
Procedural Posture
Criminal / Appeal From Sentence (court of Appeal)
Legal Issues
- 1 Whether the sentencing judge erred in awarding only 1:1 credit for pre-sentence custody despite the 2:1 norm
- 2 Whether the sentencing judge gave adequate reasons on remission and education credits tied to credit for pre-sentence custody
- 3 Whether the sentence should be adjusted in light of inadequate reasons and the Crown's proposed range
Ratio Decidendi
The sentencing judge's reasons for departing from the 2:1 pre-sentence custody credit norm were inadequate on the remission and education points; accordingly the Court allowed the appeal and ordered credit on a 2:1 basis, resulting in time served for the two years less a day sentence.
Court Disposition
Leave to appeal granted; appeal allowed; sentence adjusted to provide 2:1 credit for pre-sentence custody resulting in time served.
Orders
- Leave to appeal granted
- Appeal allowed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Abdulovski Collection Decisions of the Court of Appeal Date 2006-11-10 Docket numbers C45363 Judges McMurtry, Roy; Doherty, David H.; MacPherson, James C. Subject Criminal Decision Content DATE: 20061108 DOCKET: C45363 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – ORHAN ABDULOVSKI (Appellant) BEFORE: McMURTRY C.J.O., DOHERTY and MACPHERSON JJ.A. COUNSEL: Robert Sheppard for the appellant Bradley Reitz for the respondent HEARD & ENDORSED: November 7, 2006 On appeal from the sentence imposed at the Superior Court of Justice by Mr. Justice T. David Little on March 7, 2006. APPEAL BOOK ENDORSEMENT [1] The sentencing judge recognized that the norm for pre-sentence custody was 2 for 1 credit. He gave brief reasons for departing from the norm and only gave credit on a 1 for 1 basis. We are not persuaded by his reasons on the remission and education points, especially in light of the fact that he imposed a sentence at the top end of the range proposed by the Crown. [2] Accordingly, leave to appeal granted, the appeal is allowed and the sentence remains at two years less a day but with credit for pre-sentence custody on a 2 for 1 basis, which in the circumstances means time served.