DATE: 20061124

DOCKET: C45456

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and – SANDRA HARRIS (Appellant)

BEFORE: MOLDAVER, GOUDGE and JURIANSZ JJ.A.

COUNSEL: Mark Halfyard for the appellant Bradley Reitz for the respondent

HEARD & ENDORSED: November 24, 2006

On appeal from sentence imposed by Justice Peter H. Wilkie of the Ontario Court of Justice dated February 3, 2006.

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

[1] Adjournment request by Crown denied. If appeal not heard today, it will be moot by the time the transcript is obtained. Moreover, the Crown has not alerted us to any information in the missing material that would prejudice or favour one side or the other.

[2] In our view, the trial judge struck an appropriate balance in arriving at the sentence of five years for the appellant. He considered the principle of parity and concluded, correctly in our view, that the appellant’s “late” willingness to co-operate put her in a different position from her co-accused and disentitled her to the same benefit.

[3] Accordingly, leave to appeal is granted but the appeal from sentence is dismissed