CITATION: R. v. Wilde, 2011 ONCA 152

DATE: 20110228

DOCKET: C52324

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Rosenberg and Goudge JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

Sabrina May Wilde

Appellant

Louis P. Strezos, for the appellant

Nadia Thomas, for the respondent

Heard and endorsed: February 25, 2011

On appeal from sentence imposed by Justice J. G. Lebel of the Ontario Court of Justice, dated June 24, 2010.

APPEAL BOOK ENDORSEMENT

[1] While this was a serious breach of trust that continued for some time, substantial restitution was made before sentencing and full restitution has now been made. The appellant has no prior criminal record and has serious health issues at this time. The trial judge, in our view, did not give proper consideration to the principle of restraint in s. 718.2(c) which by its terms applies to all offenders not just aboriginal offenders.

[2] Having regard to all the circumstances, the appeal is allowed and the sentence is reduced to time served with six months probation on the statutory terms and that she report to a probation officer within 14 days of this order and thereafter as required.