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
1The 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.
2We 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.
3The appeal is dismissed.