Case # 35115
Her Majesty the Queen v. Level Aaron Carvery (January 23, 2014)
At issue is whether the sentencing judge was correct in determining the credit for pre-trial custody. The respondent pled guilty to the charge of possession of cocaine for the purpose of trafficking and breach of his recognizance. The respondent spent nine and a half months in custody before being sentenced. The trial judge concluded that the respondent should be credited at a ratio of 1.5 days for every day in pre-sentence custody. The Court of Appeal held that the trial judge committed no reversible error in granting the respondent a credit of 1.5 to 1.
Case # 35339
Her Majesty the Queen v. Sean Summers (January 23, 2014)
At issue is whether the sentencing judge was correct in determining the credit for pre-trial custody. The respondent was charged with manslaughter in connection with the shaking death of his infant daughter. After spending 10.5 months in pre-trial custody, the respondent pleaded guilty to the offence. The sentencing judge determined that the sentence should be 6 years and eight months. The sentence included credit of 1.5 to one credit for pre-trial custody. The Court of Appeal dismissed the sentence appeal.