[ 38] The appellant C.B. also appeals her sentence. She says that
the trial judge overemphasized the objectives of denunciation and
deterrence, failed to recognize the individualized nature of the
sentencing process by neglecting to sufficiently distinguish her
sentence from that imposed on the appellant A.C., and imposed a
sentence that was grossly disproportionate to her moral culpability.
The Appeal from Conviction
Ground #1: The authentication issue
[ 39] This ground of appeal arises out of a finding made by the
trial judge that certain text messages and photographs put to
the complainants in cross-examination had not been properly
authenticated, and thus were of no probative value.
[ 40] A brief canvass of what occurred at trial will provide a
suitable frame of reference for the discussion that follows.
The essential background
[ 41] At trial, Crown counsel did not introduce evidence of any
electronic communications between the parties, in particular,
between D.P. and the appellant C.B., contemporaneous with the
events alleged to constitute the offences charged. Nor did the
Crown tender any photographs of any activities that preceded,
accompanied or followed the relevant events.
The text messages
[ 42] At trial, counsel for the appellant C.B. (not Mr. Lacy) cross-
examined D.P. on text messages she allegedly exchanged with C.B.
contemporaneous with the offences alleged to have been committed
[ 43] The trial Crown (not Ms. Smith Joy) asked whether the
cellphone used to record or send these texts was available for
examination. Defence counsel demurred but said she would
tender the evidence of the person who “extracted” the messages,
as well as some photographs, from the cellphone as part of the
[ 44] During cross-examination, D.P. acknowledged that the
phone number from which various texts were sent and at which
other texts were received was her cellphone number. She also
explained that the subject matter of one of the texts related to her
then-boyfriend. She did not deny the authenticity of these texts
associated with her phone. She explained that after the
alleged assault, she was “too scared” to tell anyone about what