COURT OF APPEAL FOR ONTARIO
Winkler C.J.O., Rosenberg and Goudge JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Sabrina May Wilde
Appellant
Louis P. Strezos, for the appellant
Nadia Thomas, for the respondent
Heard and endorsed: February 25, 2011
On appeal from sentence imposed by Justice J. G. Lebel of the Ontario Court of Justice, dated June 24, 2010.
APPEAL BOOK ENDORSEMENT
1While this was a serious breach of trust that continued for some time, substantial restitution was made before sentencing and full restitution has now been made. The appellant has no prior criminal record and has serious health issues at this time. The trial judge, in our view, did not give proper consideration to the principle of restraint in s. 718.2(c) which by its terms applies to all offenders not just aboriginal offenders.
2Having regard to all the circumstances, the appeal is allowed and the sentence is reduced to time served with six months probation on the statutory terms and that she report to a probation officer within 14 days of this order and thereafter as required.