Court of Appeal for Ontario

Citation: R. v. Dwyer, 2013 ONCA 306 Date: 2013-05-08 Docket: C54727 & C54734

Before: Rosenberg, Blair and Rouleau JJ.A.

Between:

Her Majesty the Queen Respondent/Appellant

and

Beverley Dwyer Appellant/Respondent

Counsel: Ryan Clements, for Beverley Dwyer Melissa Adams, for the Crown

Heard: September 7, 2012

On appeal from the conviction entered by Justice Faye E. McWatt of the Superior Court of Justice, sitting without a jury, on July 15, 2011, and from the sentence imposed on November 15, 2011, with reasons reported at 2011 ONSC 6555.

ADDENDUM

[1] In our decision in this matter reported at 2013 ONCA 34, the court allowed the Crown appeal and imposed a fine of $10,700 in lieu of forfeiture. In default of payment, Ms. Dwyer is to serve an additional 6 months imprisonment. She is currently serving a sentence of three and one-half years imprisonment imposed by McWatt J. in this matter and a sentence of 17 months imprisonment imposed by Code J. She is also facing other charges in the Central West Region that may result in a further prison term if she is convicted.

[2] The court has now received submissions on the length of time Ms. Dwyer should have to pay the $10,700 fine. We accept the joint submission of the parties in this respect. Ms. Dwyer will have time to pay the fine of two years following the latest date of release from custody in relation to the sentences imposed by McWatt J. and Code J. and any further sentence of imprisonment arising out of the charges in Central West Region.

"M. Rosenberg JA"

"R.A. Blair JA"

"Paul Rouleau JA"