Inference of lost eligibility for early release from fact of pre-sentence custody

R. v. Slack, 2015 ONCA 94:


[11]       Further, the fact of pre-sentence custody is generally sufficient to give rise to an inference that the offender has lost eligibility for parole or early release, thereby justifying enhanced credit.  It then falls to the Crown to challenge this inference, for example, by demonstrating that the offender’s bad conduct while in jail renders it unlikely that he or she will be granted parole or early release: Summers at para. 79.  See also R. v. Houlder, 2014 ONCA 372, at para. 2.