COURT OF APPEAL FOR ONTARIO

DATE: 20000414

DOCKET: C32926

RE: HER MAJESTY THE QUEEN (Applicant/Appellant) –and–

HARJEET MANN (Respondent)

BEFORE: DOHERTY, ROSENBERG and SHARPE JJ.A.

COUNSEL: Gregory J. Tweney, for the appellant

Craig McLean, for the respondent

HEARD: April 7, 2000

On appeal from the sentence imposed by Kennedy J. dated September

10, 1999.

E N D O R S E M E N T

[1] The trial judge was in the best position to determine the

effect of the respondent’s serious mental illness on the

commission of the offence. There was evidence to support the

trial judge’s finding in the testimony of Dr. Prakash. This

makes this a highly unusual case and puts it out of the usual

range of sentence for offences of this kind.

[2] The trial judge’s decision to impose a conditional sentence

is entitled to considerable deference. The respondent was only

nineteen years of age, her mental illness is under control and

she has the support of her parents and brother – the proposed

“victims”. We also take into account that the Crown at trial did

not appear to seek a penitentiary sentence and did not seem

strongly opposed to a conditional sentence if the trial judge was

satisfied that the respondent was not a risk to the community.

[3] Accordingly, while leave to appeal sentence is granted, the

appeal is dismissed.

Signed: “Doherty J.A.”

“M. Rosenberg J.A.”

“Robert J. Sharpe J.A.”