



COURT OF APPEAL FOR BRITISH COLUMBIA




Citation:



R. v. Cornish,









2015 BCCA 14




Date: 20150115

Docket: CA042277

Between:

Regina

Respondent

And

Allan John Cornish

Appellant






Before:



The Honourable Madam Justice Newbury

The Honourable Madam Justice D. Smith

The Honourable Madam Justice Stromberg-Stein




On appeal from:  An
order of the Provincial Court of British Columbia,
dated March 13, 2012 (
R. v. Cornish
, Surrey Docket No. 188831-3C).




Counsel for the Appellant:



D.J. Song





Counsel for the Respondent:



E. Campbell





Joint Statement filed:



January 6, 2015





Place and Date of Judgment in Writing:



Vancouver, British
  Columbia

January 15, 2015





Written Reasons by:





The Honourable Madam Justice Newbury





Concurred in by:





The Honourable Madam Justice D. Smith

The Honourable Madam Justice Stromberg-Stein








Summary:

The appellant applies for an
adjustment of time in custody in accordance with R. v. Summers, 2014
SCC 26. Held: Appeal allowed. The appellant was entitled to a credit
on a 1:1.5 basis.

Reasons for Judgment of the Honourable Madam Justice
Newbury:

[1]

The appellant pleaded guilty on January 23, 2012 to six offences,
including three robberies and using imitation firearms. He was sentenced on
March 13, 2012 to three years imprisonment on the robberies, 806 days
consecutive on Count 4 (use of an imitation firearm), and three years
consecutive on the remaining two charges of using an imitation firearm. At the
time of sentencing, he had been in custody for 289 days, for which he received
credit on a 1:1 basis.

[2]

The record indicates that upon learning of the Supreme Court of Canadas
decision in
R. v. Summers
2014 SCC 26, he pursued his wish to appeal his
sentence.

[3]

The Crown has advised that it does not oppose the granting of credit at
a rate of 1:1.5 and that the appellant is not disqualified from such
credit under s. 719(3.1).

[4]

In these circumstances, I would grant an extension of time for the
filing of this appeal, grant leave to appeal, and allow the appeal to the
extent only that the sentence on Count 4 be reduced to 661 days, with credit
granted of 434 days for time spent in custody prior to sentencing.

The Honourable Madam Justice Newbury

I AGREE:

The Honourable Madam Justice D.
Smith

I AGREE:

The Honourable Madam Justice
Stromberg-Stein


