Court of Appeal for Ontario

Date: 2017-11-23 Docket: C63661

Judges: Feldman, Tulloch and Benotto JJ.A.

Between

Her Majesty the Queen Respondent

and

Helene Thibert Appellant

Counsel

Ian McLean, for the appellant

Andreea Baiasu, for the respondent

Hearing and Appeal

Heard: November 21, 2017

On appeal from the sentence imposed on March 16, 2017 by Justice Franco Giamberardino of the Ontario Court of Justice, sitting without a jury.

Appeal Book Endorsement

[1] The appellant seeks leave to appeal sentence, focusing on the brief reasons for sentence which do not mention the mitigating factors of early guilty plea, cooperation and intent to make restitution. The sentence imposed was nine months in custody, three years probation and $50,000 restitution payable $100 per month for an eleven year fraud on a small union. At sentencing, the range suggested by counsel was 8-18 months in custody but in the form of a blended sentence that included a conditional sentence.

[2] It is clear that the sentencing judge rejected the request for a conditional sentence to form part of a blended sentence. We see no error in that disposition in light of the circumstances of the offence and the need for general deterrence. The custodial sentence is at the low end of the range reflecting the mitigating factors. In our view there is no basis for this court to interfere with the sentence imposed. Leave to appeal sentence is granted but the appeal is dismissed.