COURT OF APPEAL FOR ONTARIO

DATE: 20000728

DOCKET: C33651

RE: HER MAJESTY THE QUEEN (Applicant/Appellant) –and–
W. V. (Respondent)

BEFORE: ROSENBERG, MacPHERSON and SHARPE JJ.A.

COUNSEL: Amy Alyea, for the applicant/appellant
Brian H. Greenspan, for the respondent

HEARD: July 27, 2000

On appeal from the sentence imposed by The Honourable Mr. Justice
William F. Fitzgerald dated January 14, 2000.

E N D O R S E M E N T

[1] We have not been persuaded that the trial judge erred in
principle in imposing a conditional sentence. This was a very
serious but isolated incident. Through Crown counsel, the
complainant made her wishes clear. Crown counsel at trial did
not suggest in any way that the complainant was under any
pressure or that his statement to the judge on her behalf did not
reflect her genuine attitude.

[2] In the particular circumstances, it was open to the trial
judge to emphasize restorative principles. His decision to do so
was not unreasonable and is entitled to deference.

[3] Accordingly, while leave to appeal sentence is granted, the
appeal is dismissed.

Signed: “M. Rosenberg J.A.”
“J.C. MacPherson J.A.”
“Robert J. Sharpe J.A.”