Sentencing Courts Have Given Enhanced Credit For Time Spent On Pre Custody

1411 Words May 31st, 2016 6 Pages
Facts
In the past, sentencing courts have given enhanced credit for time-spent in pre-custody, which is usually at a rate of two days for every day of detention, however, “enhanced credit is not available if the person was denied bail primarily because of a prior conviction” (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII)). In November 2010, Hamidreza Safarzadeh-Markhali “was arrested and charged with several offences” (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par. 4). The bail judge made an endorsement for Mr. Safarzadeh-Markhali on the basis of his criminal record, and therefore this made him unentitled to receive enhanced credit for the pre-custody that would come after (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par. 4); however, this was seen as unconstitutional to the trail judge who concluded by crediting Mr.Safar-Markhali with enhanced credit (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par. 5).
Procedural History At the bail hearing, the bail judge rejected Mr. Safarzadeh-Markhali’s argument of not making an endorsement and established that the endorsement was necessary, which in turn made Mr. Safarzadeh-Markhali ineligible for enhanced credit (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par. 4). Then at the Ontario Court of Justice, the trial judge concluded that the restrictions on enhanced credit in s. 719(3.1) of the Criminal Code are unconstitutional, and credited Mr. Safarzadeh-Markhali with 31 months of pre-sentence custody (R. v.…
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