Court of Appeal for Ontario
Judges: Sharpe, LaForme and Pardu JJ.A.
Between:
Her Majesty the Queen Respondent
and
Phuong Ba Le Appellant
Counsel: Jill R. Presser, for the appellant Emilie Taman, for the respondent
Heard: October 24, 2014
On appeal from the sentence imposed on February 3, 2014 by Justice Peter Tetley of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1We agree with the appellant that the sentence of 5 years in the circumstances of this case offends the parity principle.
2The trial judge explicitly rejected the Crown’s position that the appellant was part of a criminal organization, and found that at most he was a trusted courier.
3The appellants’ co-accused, the recipient of the drugs, was found to be an active drug trafficker with a criminal record. He received a sentence of 4 years for the same offence.
4The appellant is a youthful first offender and the fresh evidence indicates he is doing well in the institution.
5In these circumstances, we grant a leave to appeal, allow the appeal and substitute the sentence of 42 months.
