



COURT OF APPEAL FOR BRITISH COLUMBIA




Citation:



R. v. Wong,









2015 BCCA 12




Date: 20150115

Docket: CA042256

Between:

Regina

Respondent

And

Devan Markcus Wong

Appellant

Corrected
Judgment: The cover page of the judgment
was corrected on January 16, 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 Supreme Court of British Columbia,
dated June 26, 2013 (
R. v. Wong
, Kelowna Docket No. 76442-3).




Counsel for the Appellant:



M. Poulsen





Counsel for the Respondent:



E. Campbell





Joint Statement filed:



January 5, 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 was convicted on March 18, 2013 and sentenced on June 26, 2103
as follows:

Count 2  robbery using a firearm  6 years, 230 days

Count 1  unlawful confinement  5 years concurrent

Count 3  disguising face  1 year concurrent

Count 6  discharging firearm  5
years concurrent

He received credit on a 1:1 basis for 500 days.

[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 only that the

sentence on Count 2 be reduced
to five years, 345 days, with credit granted of two years and 20 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


