COURT OF APPEAL FOR ONTARIO
CITATION: R. v. Meloche, 2018 ONCA 640
DATE: 20180716
DOCKET: C64502
Benotto, Trotter and Paciocco JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Ryan Meloche
Appellant
Ryan Meloche, in person assisted by Amy Ohler duty counsel
Grace Choi, for the respondent
Heard and released orally: July 9, 2018
On appeal from the sentence imposed on August 1, 2017, by Justice A. Thomas McKay of the Ontario Court of Justice.
REASONS FOR DECISION
[1] This is a sentence appeal. The unusual circumstances arise as follows. The appellant pleaded guilty to several counts, including robbery. The Crown and defence counsel agreed to a joint submission on sentence of 18 months.
[2] At the sentencing hearing, defence counsel made the unusual request for the sentencing judge to go beyond the 18 months to two years, so that the appellant could be in a penitentiary and receive assistance for his addiction.
[3] The Crown consented to this request. In actual fact, the appellant has not served time in the penitentiary at all. Rather, he has been in a detention facility awaiting trial on another matter. Based on these unforeseen circumstances, the Crown submits today that this court should impose the 18 months originally agree to.
[4] We agree. The sentence of 18 months is substituted for the two years.
[5] On the agreement of the appellant and the Crown, in order to further the goal of rehabilitation, the probation period is increased to two years in the same terms as originally said.
“M.L. Benotto J.A.”
“G.T. Trotter J.A.”
“David M. Paciocco J.A.”