CITATION: R. v. Boughner-Miniaci, 2007 ONCA 410
DATE: 20070531
DOCKET: C46293
COURT OF APPEAL FOR ONTARIO
LABROSSE, FELDMAN and LAFORME
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
NORMA BOUGHNER-MINIACI
Appellant
Michael Dineen for the appellant
Michelle Campbell for the respondent
Heard: May 30, 2007
On appeal from the sentence imposed by Justice P.L. Bellefontaine of the Ontario Court of Justice, on June 6, 2006.
APPEAL BOOK ENDORSEMENT
[1] The reasons of the sentencing judge suggest that the restitution order was made only in order to avoid putting the victim through the extra legal expense of going to the civil courts.
[2] Moreover, being unemployed and bankrupt, the appellant has clearly no ability to pay.
[3] The appeal is allowed and the restitution is set aside.