Enhanced credit for pre-sentence custody

 R. v. Houlder, 2014 ONCA 372:

[2]          The sentencing judge had this court's decision in R. v. Summers, 2013 ONCA 147 and concluded that there was an insufficient basis in the record for enhanced credit.   Since that time, the Supreme Court rendered its decision in R. v. Summers, 2014 SCC 26.  The court stated at paragraph 79 that the onus is on the offender to demonstrate that he should be awarded enhanced credit as a result of his pre-sentence detention.  Furthermore, generally speaking, the fact of pre-sentence detention is sufficient to give rise to an inference that the offender has lost eligibility for parole or early release thereby justifying the enhanced credit.