Court of Appeal for Ontario
Date: 2018-12-10 Docket: C63403
Judges: Feldman, MacPherson and Nordheimer JJ.A.
Between
Her Majesty the Queen Respondent
and
Mandeep Punia Appellant
Counsel
Lindsay Daviau, for the appellant
Grace Choi, for the respondent
Heard and released orally: December 10, 2018
Reasons for Decision
1The appellant appeals from her sentence of 12 years in the stabbing of her sister-in-law. The appellant abandoned her conviction appeal. While the appellant was tried on a charge of second degree murder, she was found guilty of manslaughter.
2The sentencing judge gave thorough reasons in deciding on the sentence of 12 years. He concluded correctly in our view, that this was a case of aggravated manslaughter. The range of sentence for that offence has been said by this court in R. v. Clarke (2003), 172 O.A.C. 133 to be between 8 and 12 years. The appellant submits, through duty counsel, that the sentencing judge made three errors:
(1) That the appellant stabbed the deceased in the neck;
(2) That the stabbing would cause bodily harm; and
(3) That the deceased was holding her baby at the time that she was stabbed.
3We do not agree that any of these three errors were made. Given that this was a trial by jury, the sentencing judge had to discern the factual findings for the verdict. It was open to the sentencing judge to reach the conclusion that the deceased was stabbed in the neck given the blood loss that occurred. It follows from that fact that the stabbing would cause bodily harm. In any event, the basic facts of stabbing, blood loss, death with no effort to obtain medical aid, and concealment of the death for three years would constitute an aggravated manslaughter. Indeed these facts are comparable to the ones in Clarke.
4Similarly, the finding that the deceased was holding her baby was one that was open to the sentencing judge, but we would also note that this was only one of ten facts that the sentencing judge took into account in arriving at the sentence.
5While we appreciate the progress that the appellant has made while she has been in custody, the sentence imposed was a fit and proper sentence given the factual circumstances in which it occurred. There is no basis for this court to interfere. The appeal is dismissed.
K. Feldman J.A.
J.C. MacPherson J.A.
I.V.B. Nordheimer J.A.
