R. v. Silva

Decided: 2026-11-02. Docket: COA-26-CR-0186. Citation: 2026 ONCA 779 (CanLII). Criminal and statutory offences — Sentencing appeal — Conditional sentence order — Sentencing judge failed to consider availability of conditional sentence order — Conditional sentence wrongly excluded from consideration on an erroneous assumption — Credit for pre-sentence custody on outstanding sentencing for accessory after the fact to murder affected eligibility — Sentence appeal allowed, custodial sentence set aside, conditional sentence imposed | Evidence — Sentence appeal — Fresh evidence — Whether court should consider fresh evidence of progress while detained in custody — Substantial factual record of rehabilitation in custody considered, including evidence available at first instance — Appropriate to co