COURT OF APPEAL FOR BRITISH COLUMBIA

Citation:	R. v. Davis,
	2017 BCCA 246

Date: 20170623

Docket: CA44496

Between:

Regina

Respondent

And

Reginald James Davis

Appellant

Before:

The Honourable Madam Justice Garson The Honourable Mr. Justice Willcock The Honourable Madam Justice Dickson

On appeal from:  An order of the Provincial Court of British Columbia, dated
April 18, 2012 (R. v. Davis, Prince George Registry Nos. 34696-2-C and 35030-1).

Counsel for the Appellant:	M. Sokolova
Counsel for the Respondent:	E. Campbell
Written Joint Submission Filed:	June 23, 2017
Place and Date of Judgment:	Vancouver, British Columbia June 23, 2017

Written Reasons of the Court

Summary:

The appellant appeals the credit granted for pre-sentence custody. Held: Appeal allowed. Adjustment to credit granted in accordance with R. v. Summers, 2014 SCC 26.

Reasons for Judgment of the Court:

[1] On April 18, 2012, the appellant was sentenced with respect to a charge of possession of a loaded firearm, to a jail sentence of 5 years, 153 days in addition to 212 days credit for pre-sentence custody. At the same time he received concurrent sentences of shorter duration for other firearms, threatening, and mischief offences.

[2] Having sought legal aid funding, the appellant now applies for an extension of time to apply for leave to appeal the sentence and if leave is granted, seeks credit on the basis of a rate of 1.5:1. He relies on the decision of the Supreme Court of Canada in R. v. Summers, 2014 SCC 26, 308 C.C.C. (3d) 471.

[3] The Crown consents to this application both as to the time being extended and to the enhanced credit being given. The Crown agrees that the appellant is not disqualified from receiving such credit for any statutory reason.

[4] In summary, at his sentencing the appellant was credited at a rate of one day for each day served. He is entitled to a credit pursuant to R. v. Summers at a rate of 1.5:1 for a total of 318 days (212 x 1.5). Accordingly, his sentence on Count 7 should be reduced to 5 years, 47 days in addition to credit of 318 days to total the 6 years that was imposed before credit was granted.

[5] In the circumstances, the time for filing the notice of application for leave to appeal is extended to June 23, 2017, leave to appeal is granted, and the appellant’s sentence on Count 7 on Information 34696-2-C, is reduced to 5 years, 47 days after credit is granted of 318 days for pre-sentence custody.

“The Honourable Madam Justice Garson”

“The Honourable Mr. Justice Willcock”

“The Honourable Madam Justice Dickson”