In R. v. Saboon (Ont CA, 2026) the Ontario Court of Appeal allowed an appeal, this brought against a finding that the defendant was guilty of first-degree "murder on the basis that he was a participant in a common unlawful purpose pursuant to s. 21(2) of the Criminal Code".
Here the court considered the ability of the court to substitute conviction for a different offence on an appeal [under CCC 686(3)(b)], and related sentencing:
[67] There is no ability to backdate a sentence. Accordingly, when imposing a sentence for a substituted offence pursuant to s. 686(3)(b) of the Criminal Code, the court must impose a sentence as of the date of the court’s reasons. While the sentence imposed on appeal commences on the date it is imposed, the appellate court must strive to place the accused in the same position he would have been in had the sentence been received on the date of the original sentencing. In this case, that date was May 26, 2022.
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