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  • Review of governing principles on when it is appropriate to stay a sentence that has been increased on appeal rather than reincarcerate the accused (with v. good dissent): R v Dufour, 2015 ONCA 426 at paras 11-29; R v HE, 2015 ONCA 531 at paras 56-57; R v Shi, 2015 ONCA 646 at para 13; see also e.g. in R v Huh, 2015 ONCA 356; see generally, R v Clouthier, 2016 ONCA 197 at para 63 


  • ​Relevant factors include:

    • the risk of distorting the sentencing process and the parity principle 

    • the lenght of the sentence left to be served;

    • rehabilitative steps taken by the offender, both before and after sentencing, and the degree to which those steps may be adversely affected by re-incarceration;

    • the time that has elapsed from the imposition and completion of the sentences at trial

    • responsibility for any delay in the appellate process;

    • the potential for injustice if the sentence is served; and

    • the seriousness of the offences in issue. 


  • Where the accused is being reincarcerated, time spent on parole can be counted towards time served: R v HE, 2015 ONCA 531 at para 61



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