What is the test for giving credit for time spent in pre-sentence custody for sexual assault?

In imposing sentence on an accused person the duty of the trial judge is to impose a fit sentence. (R. v. Gladue 1999 CanLII 679 (SCC), [1999] 1 S.C.R. 688.) In R v. Lundrigan 2012 NLCA 43 the Court of Appeal held: “a fit sentence is one that takes into account the circumstances of the offences and the offender.” To take into account the harsh conditions that the accused experienced in pre sentence custody and reflect it in the ultimate disposition an alternative way to lessen the impact of the sentence would be to reduce the length of the sentence. To do that however would be contrary to the principle of proportionality and result in a sentence that did not reflect the seriousness of the offence and degree of responsibility of the offender. In my view granting enhanced credit directly for the time spent in harsher conditions is a better way to address the issue. Application