Court File and Parties
COURT OF APPEAL FOR ONTARIO
Doherty, Laskin and Lang JJ.A.
BETWEEN
Her Majesty the Queen
Appellant
and
Marcia Stone
Respondent
Counsel: Greg Skerkowski, for the appellant M. Halfyard, for the respondent
Heard: February 1, 2010 On appeal from the sentence imposed by Justice W. Gonet of the Ontario Court of Justice dated May 28, 2009.
APPEAL BOOK ENDORSEMENT
Appeal Book Endorsement
1This was a case where the trial judge could have imposed incarceration. Indeed, it is fair to say that absent significant extenuating circumstances, incarceration should be imposed for this kind of offence. Unfortunately, the trial judge did not identify the “very special circumstances” which led him to impose a non-custodial term. He should have.
2We have reviewed the fitness of sentence having regard to the circumstances at the time and the respondent’s conduct over the eight months that she has been on a conditional sentence. Her conduct has been exemplary. She continues to make restitution and has acquired a good job. Her probation officer’s comment that it “would be terrible” to incarcerate the respondent at this stage in her life is borne out by the record. Her probation officer also describes her as an “ideal client”.
3This is a case where the interests of justice would not be served by incarcerating the respondent for three or four months at this stage. We decline to do so.
Disposition
4Leave to appeal is granted and the appeal is dismissed.