R. v. Desormeaux, 2013 ONCA 283

Endorsement

1The appellant appeals her sentence on the basis that it is harsh and excessive. Before the sentencing judge, the Crown had requested a sentence of two years less one day and defence counsel had sought a conditional sentence of the same duration.

2The appellant had an appalling record for related offences and was not an appropriate candidate for a conditional sentence. She represented a danger to the public and there was legitimate concern about the lack of a tightly controlled supervision plan.

3The appellant’s criminal record included at least three prior driving offences. The imposition of a driving prohibition was fully justified. That said, given her offences and based on s. 259(2)(c) of the Code, the driving prohibition had to be limited to three years.

4Leave to appeal sentence is granted and the appeal is allowed in part. The driving prohibition is reduced from lifetime to three years. The appeal is dismissed in all other respects.