Court of Appeal for Ontario
Laskin, Sharpe and Huscroft JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Cathy Lyn Baumruk
Appellant
Margaret Osadet, for the appellant
Peter Scrutton, for the respondent
Heard: October 26, 2016
On appeal from the conviction entered on June 25, 2014 and the sentence imposed on August 7, 2014 by Justice Jon-Jo Douglas of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The appellant has filed a notice of abandonment of her conviction appeal. The conviction appeal will therefore be dismissed as abandoned.
2The appellant appeals her sentence. Her sole submission is that the trial judge erred in fixing the amount of the fine. She contends that the amount ordered by the trial judge was inflated. We do not accept the appellant’s submission. The amount of the fine is supported by the expert evidence of Ms. Chevalier, who thoroughly examined the company’s banking records. Moreover the amount of the fine is consistent with the appellant’s own admission that she stole the money and any repayments were by credit card. Her credit card statements do not support her position.
3Leave to appeal sentence is granted but the sentence appeal is dismissed.