COURT OF APPEAL FOR ONTARIO

DATE: 20001117

DOCKET: C33925

RE: HER MAJESTY THE QUEEN (Respondent) –and– B. L. (Appellant)

BEFORE: FINLAYSON, WEILER and ABELLA JJ.A.

COUNSEL: Marlys Edwardh, for the appellant

Miriam Bloomenfeld, for the respondent

HEARD: November 6, 2000

On appeal from the sentence imposed by Justice Bruce A. Glass, without a jury, dated March 21, 2000.

E N D O R S E M E N T

[1] The appellant pled guilty to one count of incest contrary to s.155 of the Criminal Code and was sentenced to six-and-a-half years imprisonment.

[2] The incest in question began in February 1987 after the appellant’s wife suffered a major aneurysm that left her in a coma at a time when the complainant was fifteen years old. It continued for a period of approximately seven years. It resulted in the birth of two children and a third pregnancy that was terminated. The abuse ceased when the victim left her own home with the children.

[3] The appellant submits that the trial judge’s sentence exceeded the usual range of sentence of 3-5 years and that the trial judge did not give sufficient weight to the fact that the appellant was suffering from serious major mental depression at the time. Prior to the resolution of the charges and in the four years following the charges the appellant led an exemplary life. Accordingly, the appellant submits that the sentence of six-and-a-half years is unreasonable in the circumstances.

[4] We are of the opinion that the trial judge did not err in imposing the sentence that he did. R. v. B. (1990), 36 O.A.C. 307, which established that a sentence in the range of 3-5 years is generally appropriate for offences of this nature, did not involve the aggravating factor of the victim becoming pregnant. This offence was a serious breach of trust that took place over a lengthy period of time. Despite the appellant’s clinical depression, the appellant knew what he was doing.

[5] Leave to appeal sentence is granted the appeal as to sentence is dismissed.

Signed: “G.D. Finlayson J.A.”

“Karen M. Weiler J.A.”

“R.S. Abella J.A.”