Court File and Parties
COURT OF APPEAL FOR ONTARIO
BEFORE: LASKIN, ROSENBERG and MACPHERSON JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN Respondent
and
ANH SY HOANG Appellant
Counsel: Joseph Di Luca for the appellant G. Christopher Walsh for the respondent
Heard: December 5, 2007
On appeal from the sentence imposed by Justice Richard C. Gates of the Superior Court of Justice, on October 17, 2006.
APPEAL BOOK ENDORSEMENT
1We agree with Mr. Di Luca’s submission that the trial judge erred in principle in taking into account the appellant’s breach of one of her bail conditions as a factor aggravating the length of the custodial sentence. Because of this error, this court is entitled to intervene in the sentence. Having regard to all the circumstances, we consider that a fit sentence is fifteen months.
2Accordingly, leave to appeal sentence is granted and the sentence on counts 1 and 5 is reduced from twenty-two months to fifteen months.