Court of Appeal for Ontario

Citation: R. v. Desormeaux, 2013 ONCA 283

Date: 2013-04-30

Docket: C56049

Juriansz, MacFarland and Pepall JJ.A.

Between

Her Majesty the Queen

Respondent

and

Jessica Desormeaux

Appellant

Counsel:

Jessica Desormeaux, in custody

Anida Chiodo, Duty Counsel, for the appellant

Peter Scrutton, for the respondent

Heard and released orally: April 15, 2013

On appeal from the sentence imposed on August 10, 2012 by Justice William R. Wolski of the Ontario Court of Justice.

Endorsement

[1] The appellant appeals her sentence on the basis that it is harsh and excessive. Before the sentencing judge, the Crown had requested a sentence of two years less one day and defence counsel had sought a conditional sentence of the same duration.

[2] The appellant had an appalling record for related offences and was not an appropriate candidate for a conditional sentence. She represented a danger to the public and there was legitimate concern about the lack of a tightly controlled supervision plan.

[3] The appellant’s criminal record included at least three prior driving offences. The imposition of a driving prohibition was fully justified. That said, given her offences and based on s. 259(2)(c) of the Code, the driving prohibition had to be limited to three years.

[4] Leave to appeal sentence is granted and the appeal is allowed in part. The driving prohibition is reduced from lifetime to three years. The appeal is dismissed in all other respects.

"R.G. Juriansz J.A."

"J. MacFarland J.A."

"S.E. Pepall J.A."