R. v. Reid
The prior facilitation of a robbery by the appellant was germane to sentencing for conspiracy and properly considered by the trial judge under s.725(1)(c); there was no error in principle and the sentence was not manifestly unreasonable, therefore the appeal is dismissed.
Source-derived case information.
- Citation
- C42465
- Parties
- Appellant: Melanie Reid; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 September 2006
- Procedural Posture
- Criminal Appeal / Appeal From Sentence Imposed by Superior Court of Justice (sentence Hearing)
- Outcome
- Appeal dismissed
- Legal Topics
- Conspiracy to Rob, Use of Prior Related Acts at Sentencing, Manifestly Unreasonable Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Melanie Reid
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Appeal / Appeal From Sentence Imposed by Superior Court of Justice (sentence Hearing)
Legal Issues
- 1 Whether the appellant's prior facilitation of a robbery was admissible and germane to sentencing for conspiracy to rob
- 2 Whether the trial judge erred in principle or imposed a manifestly unreasonable sentence
- 3 Whether R. v. Edwards(2001) controlled the use of the earlier events and whether a pending SCC appeal required delay
Ratio Decidendi
The prior facilitation of a robbery by the appellant was germane to sentencing for conspiracy and properly considered by the trial judge under s.725(1)(c); there was no error in principle and the sentence was not manifestly unreasonable, therefore the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Reid Collection Decisions of the Court of Appeal Date 2006-09-12 Docket numbers C42465 Judges Doherty, David H.; Laskin, John Ivan; Borins, Stephen Subject Criminal Decision Content DATE: 20060911 DOCKET: C42465 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. MELANIE REID (Appellant) BEFORE: DOHERTY, LASKIN and BORINS JJ.A. COUNSEL: Jennifer Trehearne for the appellant Grace Choi for the respondent HEARD & ENDORSED: September 8, 2006 On appeal from the sentence imposed by Justice MacKenzie of the Superior Court of Justice dated September 28, 2004. APPEAL BOOK ENDORSEMENT [1] The fact that some six months earlier the appellant had provided information to her boyfriend enabling him to commit a serious robbery with a weapon was germane to the appropriate sentence on her conviction for conspiracy to rob the same victim (her employer). The evidence relating to the earlier events were part of the “circumstances” of the conspiracy. This case is governed by s. 725(1)(c). R. v. Edwards (2001), 155 C.C.C. (3d) 473 is not germane. We do not think that the possibility that the Supreme Court of Canada may disagree with Edwards in a pending appeal from Quebec is any reason to delay disposition of this appeal. [2] We see no error in the use to which the trial judge made of the evidence concerning the earlier robbery. This was a difficult case. We see no error in principle in the sentence imposed. Nor is it manifestly unreasonable. [3] The appeal is dismissed.