R. v. Kumi, 2025 ONCA 3
[14] As held in R. v. Marshall, 2021 ONCA 344, at paras. 51-53, a Summers credit and a Duncan credit are analytically distinct. A person convicted of an offence is generally given enhanced credit for time spent in custody awaiting trial, based on the principles set out in R. v. Summers, 2014 SCC 26, [2014] 1 S.C.R. 575. A Summers credit results in a straightforward deduction in the time left to serve in a sentence, statutorily capped at a maximum ratio of 1.5:1 days’ credit for every day in pre-sentence custody. As recognized in R. v. Duncan, 2016 ONCA 754, a sentencing judge may also take harsh presentence custody conditions into consideration when determining an appropriate sentence. A Duncan credit does not generally result in a mathematical deduction of time left to serve in a sentence, however. It is instead a mitigating factor taken into account, along with other mitigating and aggravating factors, in determining an appropriate sentence.
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