CITATION: R. v. Tropea, 2010 ONCA 115

DATE: 20100210

DOCKET: C47934

COURT OF APPEAL FOR ONTARIO

Goudge, Juriansz and Watt JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Julia Tropea

Appellant

Lucie Joncas, for the appellant

Michael Bernstein, for the respondent

Heard: February 8, 2010

On appeal from the decision of the summary conviction appeal court dated October 9, 2007 by Justice John F. McGarry of the Superior Court of Justice, dismissing the appeal from the sentence imposed on January 30, 2007 by Justice Edward J. McGrath of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] In our view the sentence imposed is not outside the range for common assault, given the facts on which the trial judge acted. Nor was there any basis for suggesting that gender could have played any role in sentence, particularly remembering that this occurred in noncontact hockey.

[2] The appeal must be dismissed.