



COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Strachan, 2014 ONCA 373

DATE: 20140509

DOCKET: C58239

Laskin, Pepall and Pardu JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

John Strachan

Appellant

Breana Vandebeek, for the appellant

Roger Shallow, for the respondent

Heard: May 9, 2014

On appeal from the sentence imposed on September 24, 2013
    by Justice Jon-Jo Douglas of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1]

We agree with the appellant that the trial judge erred in principle by
    failing to consider that this was the appellants first period of
    incarceration.  The trial judge also erred in his calculation of pre-sentence
    custody.  In accordance with the Supreme Court of Canadas decision in
Summers
the appellant was entitled to 115 days credit for pre-sentence custody.

[2]

In all the circumstances we think that the trial Crowns position of 12
    months imprisonment was reasonable.

[3]

The Crown also accepts that two conditions of probation ought to be
    varied:

·

para. 11 is varied to provide Find and maintain suitable
    employment or attend school as is approved in writing by your probation
    officer;

·

para. 22 is varied by deleting the reference to S.R. Strachan
    from this no contact provision.

Otherwise the probation order stands.

[4]

Accordingly, we grant leave to appeal sentence, allow the appeal
    and substitute a sentence of 12 months imprisonment in addition to the 115 days
    credit for pre-sentence custody, and we vary the probation order as set out
    above.


