COURT OF APPEAL FOR ONTARIO
CITATION: R. v. Gilmour, 2022 ONCA 203
DATE: 20220309
DOCKET: C69634
Rouleau, Huscroft and Trotter JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Katrina Mae Gilmour
Appellant
Chris Rudnicki, for the appellant
Nicole Rivers, for the respondent
Heard and released orally: March 7, 2022 by video conference
On appeal from the sentence imposed on June 9, 2021 by Justice John M. Johnston of the Superior Court of Justice, sitting with a jury.
REASONS FOR DECISION
[1] The appellant seeks leave to appeal her sentence for fraud. Her appeal from conviction is proceeding as a solicitor appeal.
[2] The appellant submits that the trial judge erred in principle by relying on her lack of remorse as an aggravating factor. We see no such error.
[3] The appellant has proffered fresh evidence concerning the health of her four-year-old son, who underwent major surgery in January. He requires ongoing care and the appellant’s partner is unable to act as primary caregiver. The child is currently in the care of the appellant’s in-laws.
[4] The appellant is entitled to statutory release on April 10, 2022. Although we are satisfied that the sentence imposed was fit, in the unusual circumstances of this case we would admit the fresh evidence and reduce the carceral portion of the sentence to time served.
[5] Leave to appeal is granted and the appeal is allowed. The three-year probation order remains in place along with all of the additional orders.
“Paul Rouleau J.A.”
“Grant Huscroft J.A.”
“Gary Trotter J.A.”