COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Applicant/Appellant) –and– W. V. (Respondent)
BEFORE: ROSENBERG, MacPHERSON and SHARPE JJ.A.
COUNSEL: Amy Alyea, for the applicant/appellant Brian H. Greenspan, for the respondent
HEARD: July 27, 2000
On appeal from the sentence imposed by The Honourable Mr. Justice William F. Fitzgerald dated January 14, 2000.
E N D O R S E M E N T
[1] We have not been persuaded that the trial judge erred in principle in imposing a conditional sentence. This was a very serious but isolated incident. Through Crown counsel, the complainant made her wishes clear. Crown counsel at trial did not suggest in any way that the complainant was under any pressure or that his statement to the judge on her behalf did not reflect her genuine attitude.
[2] In the particular circumstances, it was open to the trial judge to emphasize restorative principles. His decision to do so was not unreasonable and is entitled to deference.
[3] Accordingly, while leave to appeal sentence is granted, the appeal is dismissed.
Signed: “M. Rosenberg J.A.” “J.C. MacPherson J.A.” “Robert J. Sharpe J.A.”