Entitlement to Enhanced Credit

 

  • The accused is only entitled to credit for “any time spent in custody … as a result of the offences” upon which he is being sentenced. This precludes the offender from receiving credit where the pre-sentence custodial period in question is credited against sentences imposed for other offences: R v Hayes, 2016 ONCA 47 at para 6

 

  • If the accused is on bail and arrested on new charges but his original bail is not revoked, the accused entitled to enhanced credit for the time spent in pre-trial custody after his arrest on the new charges: R v Johnson, 2016 ONCA 69 

  • In determining whether enhanced credit should be given in light of the unlikelihood that the accused would, because of his behaviour, receive early parole, it is not enough to show that the appellant has been far from a model prisoner while incarcerated.  Section 130(3)(a) of the Corrections Act requires a determination of whether it is likely that the offender, if released before the expiry of the warrant, will commit an offence involving serious harm to another before the expiry of the warrant: R v MO, 2016 ONCA 236 at para 30

Treatment of Pre-trial Custody

  • Time spent in custody by an offender on unrelated charges cannot be “banked”

  • the exception arises in cases where the accused was refused bail on a second set of charges - charges that were later withdrawn - because he was already on bail for the first set of charges: R v Perkins, 2017 ONCA 152 at paras 29-32