Court of Appeal for Ontario

Date: 20220613 Docket: C69813

Fairburn A.C.J.O., MacPherson and Harvison Young JJ.A.

BETWEEN

Her Majesty the Queen Respondent

and

Natalie White-Williams Appellant

Counsel: Saman Wickramasinghe and Parmbir Gill, for the appellant Sarah Shaikh, for the respondent

Heard and released orally: June 10, 2022

On appeal from the sentence imposed on August 10, 2021 by Justice Bruce Durno of the Superior Court of Justice.

Reasons for Decision

[1] The appellant pled guilty to the importation of five kilograms of cocaine. The sentencing judge imposed a four-year sentence. The heart of the appeal is the argument that the sentencing judge overstated the importance of general deterrence, and that this led to an error in principle because it effectively eliminated consideration of important sentencing principles such as restraint, thus resulting in a disproportionate sentence.

[2] Read as a whole, the sentencing judge’s reasons thoroughly and carefully considered all of the systemic and individual considerations, including the “most unfortunate” background and continuing circumstances that have shaped the appellant’s life, and which the sentencing judge found were linked to the offence. He considered and rejected the availability of a conditional sentence, but nevertheless imposed a sentence significantly below the range. We see no error in principle that justifies interfering with the sentence.

[3] Turning to the fresh evidence, the appellant relies on two key circumstances that she submits would meet the test from Palmer v. the Queen, [1980] 1 S.C.R. 750. First, the appellant’s elderly mother’s medical condition has deteriorated since sentencing, and she now requires daily care. Second, and relatedly, the appellant’s family members, who used to live with the mother, have moved to another city. We cannot conclude that this evidence meets the Palmer test. In our view, the sentencing judge was alive to and took into account the mother’s health challenges, and the significant role that the appellant has played in her life. While unfortunate, we are unable to conclude the circumstances reflected in the fresh evidence rise to the level that justify varying the otherwise carefully fashioned sentence.

[4] The appeal is dismissed.

“Fairburn A.C.J.O.”

“J.C. MacPherson J.A.”

“A. Harvison Young J.A.”