COURT OF APPEAL FOR ONTARIO
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
1The 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.
2The 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.
3Accordingly, while leave to appeal sentence is granted, the
appeal is dismissed.
Signed: “Doherty J.A.”
“M. Rosenberg J.A.”
“Robert J. Sharpe J.A.”