R. v. Ayelazuno

Summary

Offender convicted of fraud over $5,000 received a two-years-less-a-day CSO. Within eight days she made false representations and forged employment documents to obtain an employment exception. The sentencing judge found the breach proven and ordered the remainder served in custody. ONCA found no error, held that the case was not exceptional for suspension-period credit under s. 742.6(16), and dismissed the sentence appeal.

Outcome

Leave to appeal sentence granted; appeal dismissed (para. 10). The balance of the CSO remains to be served in custody; no credit for the five-month suspension period.

Why this case matters

The Court of Appeal applied the rebuttable starting point of termination and custody for a conditional sentence breach and held that credit for the suspension period is reserved for the clearest of cases.

Paragraph references

Paras. 2-3 (facts, grounds); para. 5 (s. 742.6(9) options, starting point of termination and custody, rebuttable; Proulx para. 39; Bardwell para. 10); para. 6 (factors applied, deference); paras. 7-8 (s. 742.6(16)-(17), appellate court may consider unaddressed credit on found facts; Bardwell paras. 11, 13; "clearest of cases"); para. 10 (disposition).