Court of Appeal for Ontario
Before: Winkler C.J.O., Sharpe and Juriansz JJ.A.
Between:
Her Majesty the Queen Respondent
and
Henry Fam Applicant/Appellant
Counsel: Nicholas A. Xynnis for the appellant Gavin MacDonald for the respondent
Heard: October 6, 2008
On appeal from the judgement of Justice Simon C. Armstrong of the Superior Court of Justice dated September 12, 2006.
APPEAL BOOK ENDORSEMENT
1We are satisfied on the basis of the new evidence that the appellant was unaware of s. 64(2) of the Immigration and Refugee Protection Act when he elected the two year sentence rather than one of two years less a day that was available to him under the joint position the Crown and defence put to the sentencing judge. As the Crown recognizes the application of the existing authorities result in this appeal being allowed.
2We reduce the sentence to one of two years less a day imprisonment concurrent on each count.