DATE: 20011220 DOCKET:C37212
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. SHANEEZA HARDYAL (Appellant)
BEFORE:
McMURTRY C.J.O., ROSENBERG AND MacPHERSON JJ.A.
COUNSEL:
David M. Tanovich
for the appellant
Jennifer Woollcombe
for the respondent
HEARD:
December 19, 2001
On appeal from the conviction dated September 10, 2001 and the sentence imposed on September 13, 2001 by Justice Derek T. Hogg.
E N D O R S E M E N T
Released Orally: December 19, 2001
[1] The Crown concedes that the sentence imposed by the trial judge was at the very high end of the appropriate range for this type of offence and offender. In our view it was too high.
[2] The trial judge, in very brief reasons, focused almost exclusively on whether to impose a conditional sentence. He decided that such a sentence was inappropriate and we see no reason to interfere with that conclusion.
[3] However, the trial judge was then required to carefully consider the quantum of sentence to impose. There is virtually nothing in his reasons to indicate that he did this. He imposed a sentence above that suggested by the Crown without providing any explanation. Moreover, he did not consider, in other than the most cursory fashion, some of the difficult circumstances respecting the appellant and her family situation. Without some consideration of these factors, a sentence that started with the conclusion “As far as I am concerned you should go to the penitentiary for a period of two years” is simply too harsh.
[4] The appeal is allowed and the sentence is reduced to time served.
“R. Roy McMurtry C.J.O.”
“M. Rosenberg J.A.”
“J. C. MacPherson J.A.”