Pre-Sentence Credit
“As
a Result of the Offence”
Section 719(3) of the Criminal Code is directed to
situations in which a person has spent time in custody prior to sentencing in
respect of the offence or offences for which the person is being
sentenced.
Section 719(3) of the Criminal Code provides:
In determining the sentence to be
imposed on a person convicted of an offence, a court may take into
account any time spent in custody by the person as a result of the offence.
[Emphasis added.]
For a period of custody to be
shown to have occurred “as a result of” the offences for which the offender is
being sentenced does not necessarily require that the custody flow directly
from those offences.
If the fact that the offender was
charged with the offences made a contribution to the decision to detain
the offender on other matters , the custody related to those other matters may,
in some circumstances, be characterized as being a result of the offences.
See R.
v. Wilson, 2008 ONCA 510 (CanLII), at para. 50.
Immigration
Detention
So, for instance, if the accused
can establish that the Canadian charges played a role in the decision of a
foreign jurisdiction to place the accused in immigration detention, the time spent
in immigration detention is capable of being taken into account in determining the
accused’s sentence.
R. v Zegil, 2017 ONSC 1459 (CanLII).
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