Court of Appeal denies request for jail-time credit

Gary Francis, one of the men convicted in the notorious 1994 Just Desserts killing, will not get extra credit for the jail time he served before his sentence, the Ontario Court of Appeal ruled yesterday.

The Globe and Mail
April 6, 2006

Court of Appeal denies request for jail-time credit
Richard Blackwell

Gary Francis, one of the men convicted in the notorious 1994 Just Desserts killing, will not get extra credit for the jail time he served before his sentence, the Ontario Court of Appeal ruled yesterday.

Mr. Francis was convicted in 1999 of manslaughter and robbery after the attack at the restaurant that left one of the customers, Georgina Leimonis, dead from gunshot wounds.

He was given a 15-year sentence, but it was reduced to eight years because the trial judge gave him seven years credit for five years and three months he had served. In his appeal, Mr. Francis argued he should have been given two days for each one served before sentencing.

In the ruling yesterday — the 12th anniversary of the killing — Madam Justice Karen Weiler, writing for a three-judge panel, said that while two-for-one credit is usually given, there is no automatic formula and "the use of a mathematical formula would undermine the principle of individualized sentencing."

Mr. Francis is serving time at Joyceville Penitentiary in Kingston, where he was returned after violating his parole.

He will be eligible for full release late in 2007.


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