DATE: 20060911

DOCKET: C42465

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. MELANIE REID (Appellant)

BEFORE:

DOHERTY, LASKIN and BORINS JJ.A.

COUNSEL:

Jennifer Trehearne

for the appellant

Grace Choi

for the respondent

HEARD & ENDORSED:

September 8, 2006

On appeal from the sentence imposed by Justice MacKenzie of the Superior Court of Justice dated September 28, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] The fact that some six months earlier the appellant had provided information to her boyfriend enabling him to commit a serious robbery with a weapon was germane to the appropriate sentence on her conviction for conspiracy to rob the same victim (her employer). The evidence relating to the earlier events were part of the “circumstances” of the conspiracy. This case is governed by s. 725(1)(c). R. v. Edwards (2001), 155 C.C.C. (3d) 473 is not germane. We do not think that the possibility that the Supreme Court of Canada may disagree with Edwards in a pending appeal from Quebec is any reason to delay disposition of this appeal.

[2] We see no error in the use to which the trial judge made of the evidence concerning the earlier robbery. This was a difficult case. We see no error in principle in the sentence imposed. Nor is it manifestly unreasonable.

[3] The appeal is dismissed.