Court of Appeal for Ontario
ROSENBERG, GILLESE and MacFARLAND JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
CHOU ENG FONG
Appellant
Paula Rochman for the appellant
Jamie Klukach for the respondent
Heard and endorsed: September 20, 2007
On appeal from sentence imposed by Justice John F. Hamilton of the Superior Court of Justice, sitting without a jury, dated May 4, 2007.
APPEAL BOOK ENDORSEMENT
1In our view, this sentence was manifestly excessive. The trial judge in effect imposed a 34-month sentence, given the pre-sentence custody. The appellant had no prior record for breach of probation, had never been sentenced to imprisonment and had successfully served a conditional sentence without incident.
2These breaches were serious and a jail term was required but in our view a sentence in the range of 3 – 6 months would have been appropriate.
3Accordingly, the appeal is allowed and the sentence is reduced to time served. The record should reflect that the appellant was given credit for 6 months pre-trial custody on a 2:1 basis. The probation order will stand.