DATE: 20040218

DOCKET: C40318

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. MERNA JONES-SHAWDOVER (Appellant)

BEFORE:

DOHERTY, LASKIN and GILLESE JJ.A.

COUNSEL:

Robert M. Geurts

for the appellant

Randy Schwartz

for the respondent

HEARD & ENDORSED:

February 13, 2004

On appeal from the sentenced imposed by Justice J.C. Moore dated March 11, 2003.

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

[1] There is no ambiguity in the sentence imposed. The appellant received a total sentence of two years and three months. In imposing that sentence, the trial judge took into consideration the pre-trial custody.

[2] There is no merit to the contention that the appellant’s sentence is improperly disparate when compared to the co-accused. The appellant was convicted of a whole series of offences that did not involve the co-accused. These were serious, including breach of court orders and were committed while the appellant was on bail on the first set of charges.

[3] Leave to appeal granted, but the appeal is dismissed.