



COURT OF APPEAL FOR BRITISH COLUMBIA




Citation:



R. v. Lundy,









2015 BCCA 11




Date: 20150115

Docket: CA042216

Between:

Regina

Respondent

And

Keith Christopher
Lundy

Appellant

Corrected
Judgment: Paragraph 4(a) of the judgment
was corrected on January 19, 2015.






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 May 7, 2012 (
R. v. Lundy
, Prince George
Docket Nos. 35046-2-C; 35108-2-C; 35187-1).




Counsel for the Appellant:



G. Barriere





Counsel for the Respondent:



E. Campbell





Joint Statement filed:



December 19, 2014





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 was sentenced on May 7, 2012 for several offences as
follows:

Information 35046:

Count 2  possession of stolen
property on July 31, 2011  1 year

Count 5  driving while prohibited
on July 31, 2011  1 year concurrent

Count 6  possession of prohibited or restricted firearm on
July 31, 2011  3 years concurrent

Information 35108

Count 2  flight from police on
October 6, 2011  518 days imprisonment in addition to 212 days credit for
pre-sentence custody, consecutive to count 6 of Information 35046

Count 3  assault with a weapon on
October 6, 2011  518 days concurrent in addition to 212 days credit,
consecutive to count 6 of Information 35046

Count 9  possession of firearm
without licence on October 6, 2011  1 year concurrent

Count 15  occupying vehicle with
firearm on October 6, 2011  1 year concurrent

Count 19  possession of firearm by
commission of offence on October 6, 2011  1 year concurrent

Count 20  possession of firearm by commission of offence on
October 6, 2011  1 year concurrent

Information 35187

Count 1  theft under on September 12, 2011  60 days
concurrent

He received credit on a 1:1 basis for 212 days in custody
prior to sentencing.

[2]

The record indicates that upon learning of the Supreme Court of Canadas
decision in
R. v. Summers
2014 SCC 26, the appellant moved promptly to
pursue his wish to appeal the 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 of:

(a)      substituting
a six-month sentence on Count 5 of Information 35046 (i.e., the driving while
prohibited charge);

(b)      reducing the sentences on
Counts 2 and 3 of Information 35108 to 412 days with credit of 318 days
for pre-sentence custody.

The Honourable Madam Justice Newbury

I AGREE:

The Honourable Madam Justice D.
Smith

I AGREE:

The Honourable Madam Justice
Stromberg-Stein


