DATE: 20080408

DOCKET: C41420

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – GRAZYNA CHUDY (Appellant)

BEFORE:

MACPHERSON, SIMMONS JJ.A. and JURIANSZ J. (ad hoc)

COUNSEL:

R. Craig Bottomley

for the appellant

Leanne Salel

for the respondent

HEARD & ENDORSED:

April 7, 2004

On appeal from conviction entered on November 13, 2003 and the sentence imposed on January 9, 2004 by Justice Elinore A. Ready of the Ontario Court of Justice.

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

[1] We do not think that the trial judge erred in imposing a custodial sentence. Her conclusion that the safety of the public would be endangered if a conditional sentence was imposed was amply supported by the appellant’s long record of offences involving dishonesty and theft. Moreover, the trial judge fully and carefully considered, and gave appropriate weight to, the mitigating factors that favoured the appellant, including her fragile health.

[2] Leave to appeal sentence is granted, and the sentence appeal is dismissed.