DATE: 20010302

DOCKET: C33593

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) –and– DEBORAH HAYES (Appellant)

BEFORE: ROSENBERG, GOUDGE and SIMMONS JJ.A.

COUNSEL: Nicholas A. Xynnis, for the appellant

Steve Coroza, for the respondent

HEARD: February 23, 2001

On appeal from the sentence imposed by Justice S. Bruce Durno, sitting without a jury, dated October 22, 1999

O R A L E N D O R S E M E N T

[1] The trial judge gave comprehensive and thorough reasons for sentence in this very difficult case. He rejected a conditional sentence because of his view that general deterrence and denunciation required a custodial sentence. Since the sentencing, in light of the decision of the Supreme Court of Canada in R. v. Proulx (2000), 140 C.C.C. (3d) 149, this court has recognized that general deterrence and denunciation can be met by a conditional sentence even in cases of cocaine trafficking.

[2] There are unusual aspects to this case. The appellant has been on bail for a total of almost four years. In that time, she has severed her relationship with the motorcycle gang, abstained from the use of drugs, served a six month sentence for the Orillia offence and three months of the sentence imposed by the trial judge in this case. All indications are that the appellant is fully rehabilitated.

[3] Accordingly, the appeal is allowed. Given that the appellant has already served about three months of the original sentence, the sentence is varied to thirteen months to be served in the community in accordance with the conditions in the draft order. The conditional sentence will run from today’s date.

(signed) “M. Rosenberg J.A. (signed) “S. T. Goudge J.A.”

(signed) “J. Simmons J.A.”