Accused plead guilty to second degree murder and received a life sentence with a 10 year parole eligibility period. The trial judge then reduced that period to 6 years and 8 months given pre-trial custody time. Crown appeal.

Held: Appeal allowed. 10 year parole eligibility period reinstated.

A sentencing judge’s discretion to grant enhanced credit for pre-trial custody time has no application to a life sentence as per s. 745 CC. “Time spent in custody from the day of arrest is included in calculating the period of imprisonment for the purposes of parole ineligibility: s. 746. Allowing an enhanced credit for pre-trial custody in this case would result in reducing the period of parole ineligibility below the statutory minimum.”

D. Royer – Defence Counsel