R. v. G. C., 2010 ONCA 539, released today, makes clear that an accused must show grounds as to why sentencing credit should be given for time spent in the community even on strict terms of judicial interim release:
[3] The first ground is that credit should have been given for the time served on strict pre-trial bail. In our view, there was no error in law in the circumstances of this case. R. v. Downes (2006), 79 O.R. (3d) 321 (C.A.) imposes an onus on the offender to put forward the hardship. ...
[4] In this case, the appellant was able to continue to work, had sureties and was able to contribute to society and support his child.
1 comment:
The argument over credit for time served pre-trial is a red herring.
Judges can count, and judges can add. They can simply adjust total sentence length to compensate for the change in credit awarded for time served.
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