DATE: 20040513

DOCKET: C41235

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. GWENDOLYN ANNE LEGERE (Appellant)

BEFORE: BORINS, SHARPE and JURIANSZ JJ.A.

COUNSEL: Brian Snell for the appellant

Marco Mendicino for the respondent

HEARD: May 11, 2004

ORALLY

RELEASED: May 11, 2004

On appeal from the sentence imposed by Justice J.D. Evans of the Ontario Court of Justice, dated December 22, 2003.

E N D O R S E M E N T

[1] Despite Mr. Snell’s very capable argument, we are not persuaded that the trial judge erred in principle by accepting the joint submission of the parties and imposing an 18 month conditional sentence. While there were many mitigating factors favouring the appellant, including her unblemished past, co-operation and remorse, the offence concerned the introduction of narcotics into a penitentiary, a serious aggravating factor. Taking into account all factors, in particular, the fact that the trial judge was presented with a joint submission recommended by experienced counsel, the sentence was not demonstrably unfit. Accordingly, leave to appeal is granted but the appeal is dismissed.

“S. Borins J.A.”

“Robert J. Sharpe J.A.”

“R.G. Juriansz J.A.”