Case # 35487
Calvin Clarke v. Her Majesty the Queen (January 24, 2014)
At issue is Whether the Truth in Sentencing Act operates retrospectively. The appellant pled guilty to break and enter and numerous firearms-related offences. The appellant committed the offences for which he was convicted before the Truth in Sentencing Act came into force. The act limits the sentencing credit for each day in pre-trial custody to 1.5 days. The limits on credit apply only to persons charged after the day on which those subsections come into force. Those subsections came into force on February 22, 2010 and the appellant was charged after that date. The sentencing judge held that the Act applied and gave the appellant the maximum credit the Act permits. The Court of Appeal dismissed the sentence appeal.