Credit for Harsh Pre-Sentence Jail Time
In the appropriate circumstances, particularly harsh presentence incarceration conditions can provide mitigation apart from and beyond the 1.5 credit referred to in section 719(3.1) of the Criminal Code. In considering whether any enhanced credit should be given, the court will consider both · the conditions of the presentence incarceration, and · the adverse effect of those conditions on the accused. R. v. Duncan, 2016 ONCA 754 (CanLII). A relevant factor will also be whether the difficult conditions (such as prolonged lockdowns) for which the offender seeks sentence mitigation are related to the offender’s own misconduct: R. v. J.B. [2016] O.J. No. 855 at para 22. The harshness of prolonged lockdowns, or protective custody, or a series of assaults upon the inmate, for instance, are the types of things that may merit enhanced cr...