R. v. Bonenfant
Although the trial judge erred in principle by excluding the conditions of incarceration from the Duncan/Marshall credit analysis, the error was harmless in the circumstances given significant aggravating factors and did not render the sentence unfit; accordingly the sentence appeal is dismissed.
Source-derived case information.
- Citation
- 2025 ONCA 642
- Parties
- Respondent: His Majesty the King; Appellant: Victor Bonenfant
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 September 2025
- Procedural Posture
- Criminal / Appeal Sentence
- Outcome
- Leave to appeal sentence granted; sentence appeal dismissed.
- Legal Topics
- Sentencing, Credit for Pre Trial Custody, Conditional Sentence Incarceration Conditions, Plea Negotiation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
His Majesty the King
Respondent
Victor Bonenfant
Appellant
Procedural Posture
Criminal / Appeal Sentence
Legal Issues
- 1 Whether the conditions of the appellant's incarceration while completing a conditional sentence are relevant to awarding Duncan/Marshall credit
- 2 Whether the trial judge erred in principle in assessing sentencing credit
- 3 Whether failure to implement an alleged plea deal warranted appellate relief
Ratio Decidendi
Although the trial judge erred in principle by excluding the conditions of incarceration from the Duncan/Marshall credit analysis, the error was harmless in the circumstances given significant aggravating factors and did not render the sentence unfit; accordingly the sentence appeal is dismissed.
Court Disposition
Leave to appeal sentence granted; sentence appeal dismissed.
Orders
- Leave to appeal sentence granted
- Sentence appeal dismissed; original sentence upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Bonenfant Collection Decisions of the Court of Appeal Date 2025-09-15 Neutral citation 2025 ONCA 642 Docket numbers COA-25-CR-0698 Judges Simmons, Janet M.; Monahan, Patrick J.; Pomerance, Renee M. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Bonenfant, 2025 ONCA 642 DATE: 20250915 DOCKET: COA-25-CR-0698 Simmons, Monahan and Pomerance JJ.A. BETWEEN His Majesty the King Respondent and Victor Bonenfant Appellant Victor Bonenfant, acting in person Brandon Chung, acting as duty counsel Kevin Rawluk, for the respondent Heard and rendered orally: September 11, 2025 On appeal from the sentence imposed by Justice Janet Robb of the Ontario Court of Justice on June 6, 2024. REASONS FOR DECISION [1] We agree that the trial judge erred in principle in holding that the conditions of the appellant’s incarceration while he was completing his conditional sentence in jail, were not relevant in assessing any Duncan/Marshall credit he should be afforded for the offences under appeal.[1] See R. v. Menezes, 2023 ONCA 838, 432 C.C.C. (3d) 394. [2] However, we conclude that this error did not affect the fitness of the sentence imposed, given the significant aggravating factors present. We do not give effect to the ground of appeal presented by duty counsel. [3] The appellant also complains about the failure to implement a plea deal. However, it is evident from the record that the Crown was not prepared to procced with the deal, and that defence counsel did not pursue it in the court below. [4] Leave to appeal sentence is granted, but the sentence appeal is dismissed. “Janet Simmons J.A.” “P.J. Monahan J.A.” “R. Pomerance J.A.” [1] R. v. Duncan, 2016 ONCA 754; R. v. Marshall, 2021 ONCA 344.