COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – GRAZYNA CHUDY (Appellant)
BEFORE:
MACPHERSON, SIMMONS JJ.A. and JURIANSZ J. (ad hoc)
COUNSEL:
R. Craig Bottomley
for the appellant
Leanne Salel
for the respondent
HEARD & ENDORSED:
April 7, 2004
On appeal from conviction entered on November 13, 2003 and the sentence imposed on January 9, 2004 by Justice Elinore A. Ready of the Ontario Court of Justice.
A P P E A L B O O K E N D O R S E M E N T
1We do not think that the trial judge erred in imposing a custodial sentence. Her conclusion that the safety of the public would be endangered if a conditional sentence was imposed was amply supported by the appellant’s long record of offences involving dishonesty and theft. Moreover, the trial judge fully and carefully considered, and gave appropriate weight to, the mitigating factors that favoured the appellant, including her fragile health.
2Leave to appeal sentence is granted, and the sentence appeal is dismissed.