Monday, April 23, 2012

Error alone does not lead to appeal

R. v. Bourdon, 2012 ONCA 256 is a good example of when an error does not ground an appeal. One can get the right answer for the wrong reason:


"I recognize that the awarding of credit for pre-sentence custody is a matter within the discretion of the sentencing judge. Here, despite the sentencing judge's factual mistake in granting the appellant less credit for pre-sentence custody than it seems he intended to, I would not disturb the sentence actually imposed. The sentence actually imposed was fit for the offences considering the circumstances of the appellant...".

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