Court of Appeal for Ontario

Date: 2018-12-10 Docket: C63403

Judges: Feldman, MacPherson and Nordheimer JJ.A.

Between

Her Majesty the Queen Respondent

and

Mandeep Punia Appellant

Counsel

Lindsay Daviau, for the appellant

Grace Choi, for the respondent

Heard and released orally: December 10, 2018

Reasons for Decision

[1] The appellant appeals from her sentence of 12 years in the stabbing of her sister-in-law. The appellant abandoned her conviction appeal. While the appellant was tried on a charge of second degree murder, she was found guilty of manslaughter.

[2] The sentencing judge gave thorough reasons in deciding on the sentence of 12 years. He concluded correctly in our view, that this was a case of aggravated manslaughter. The range of sentence for that offence has been said by this court in R. v. Clarke (2003), 172 O.A.C. 133 to be between 8 and 12 years. The appellant submits, through duty counsel, that the sentencing judge made three errors:

(1) That the appellant stabbed the deceased in the neck;

(2) That the stabbing would cause bodily harm; and

(3) That the deceased was holding her baby at the time that she was stabbed.

[3] We do not agree that any of these three errors were made. Given that this was a trial by jury, the sentencing judge had to discern the factual findings for the verdict. It was open to the sentencing judge to reach the conclusion that the deceased was stabbed in the neck given the blood loss that occurred. It follows from that fact that the stabbing would cause bodily harm. In any event, the basic facts of stabbing, blood loss, death with no effort to obtain medical aid, and concealment of the death for three years would constitute an aggravated manslaughter. Indeed these facts are comparable to the ones in Clarke.

[4] Similarly, the finding that the deceased was holding her baby was one that was open to the sentencing judge, but we would also note that this was only one of ten facts that the sentencing judge took into account in arriving at the sentence.

[5] While we appreciate the progress that the appellant has made while she has been in custody, the sentence imposed was a fit and proper sentence given the factual circumstances in which it occurred. There is no basis for this court to interfere. The appeal is dismissed.

K. Feldman J.A.

J.C. MacPherson J.A.

I.V.B. Nordheimer J.A.