Credit for Pretrial Custody On Unrelated Charges
The time spent in custody by an offender on unrelated charges can be considered in a limited way in determining a fit sentence. As Justice Rosenberg stated in R . v. Wilson , 2008 ONCA 510, 236 C.C.C. (3d) 285 at para. 46, “a sentencing judge is entitled to take into account time spent serving another sentence as part of the complete picture for understanding a particular offender.” Justice Rosenberg cited as one example a situation where an offender with a drug problem received treatment while serving his sentence. However, it would be an error in law for the sentencing judge to go beyond this limited analysis and grant credit for the time served on unrelated charges. R. v. Pammett , 2016 ONCA 979 at para 29. Giving an offender credit for pretrial custody for unrelated charges would permit an accused to “bank” time spent in custody. As Rosenberg J.A. observed in R . v. Wilson , at para. 45: But, at the end of the day when it comes time to sentence an offender t...