R. v. Psarros
The sentencing judge recognized the 152 days of pretrial custody but failed to apply the presumptive 1.5:1 credit and gave no reasons for departing from that standard; accordingly the sentence was reduced by the equivalent of 76 days' credit.
Source-derived case information.
- Citation
- 2021 ONCA 706
- Parties
- Appellant: Peter Psarros; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 8 October 2021
- Procedural Posture
- Criminal / Appeal From Sentence; Conviction Appeal Abandoned
- Outcome
- Sentence appeal allowed in part; conviction appeal dismissed
- Legal Topics
- Credit for Pretrial Custody, Sentence Reduction, Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Psarros
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Sentence; Conviction Appeal Abandoned
Legal Issues
- 1 Whether appellant was entitled to pretrial custody credit at the rate of 1.5:1 for 152 days
- 2 Whether the sentencing judge erred by failing to apply the usual 1.5:1 credit or to give reasons for not doing so
Ratio Decidendi
The sentencing judge recognized the 152 days of pretrial custody but failed to apply the presumptive 1.5:1 credit and gave no reasons for departing from that standard; accordingly the sentence was reduced by the equivalent of 76 days' credit.
Court Disposition
Sentence appeal allowed in part; conviction appeal dismissed
Orders
- Leave to appeal the sentence granted
- Sentence reduced by 76 days
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Psarros Collection Decisions of the Court of Appeal Date 2021-10-08 Neutral citation 2021 ONCA 706 Docket numbers C68231 Judges Rouleau, Paul S.; Benotto, Mary Lou; Zarnett, Benjamin Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Psarros, 2021 ONCA 706 DATE: 20211008 DOCKET: C68231 Rouleau, Benotto and Zarnett JJ.A. BETWEEN Her Majesty the Queen Respondent and Peter Psarros Appellant Peter Psarros, acting in person Mark Halfyard, appearing as duty counsel Avene Derwa, for the respondent Heard: October 6, 2021 by video conference On appeal from the sentence imposed on February 27, 2020, by Justice Jonathan Bliss of the Ontario Court of Justice. REASONS FOR DECISION [1] The appellant has abandoned his conviction appeal. As for the sentence appeal, we agree with the appellant’s submission that the sentence should be reduced. [2] Having recognized that the appellant was entitled to credit for 152 days of pretrial custody, the sentencing judge ought to have given him credit for this time at the rate of 1.5 to 1. He did not do so and gave no reason why the usual credit should not apply. [3] As a result, leave to appeal the sentence and the sentence appeal are granted. The sentence is reduced by 76 days. The conviction appeal is dismissed. “Paul Rouleau” “M.L. Benotto J.A.” “B. Zarnett J.A.”