DATE: 20031210

DOCKET: C40331

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and–

JAMIE LEE JACKSON (Applicant/Appellant)

BEFORE:

CATZMAN, DOHERTY and LASKIN JJ.A.

COUNSEL:

Ian Begg

for the appellant

Kim Crosbie

for the respondent

HEARD AND ENDORSED:

December 9, 2003

On appeal from the sentence imposed by Justice David S. Crane of the Superior Court of Justice on July 3, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] Crown counsel acknowledges that this is an exceptional case in which, having regard to the manner in which the appellant has turned her life around since the commission of the offence, the interests of justice would not be served by her incarceration. Leave to appeal sentence is granted, the custodial sentence of five months is set aside and, in its place, we substitute a conditional sentence of five months on the terms agreed to by counsel and filed with the court. We leave in place the 3-year period of probation and the provision for restitution that was included in the probation order made by the sentencing judge.