COURT OF APPEAL FOR ONTARIO
MacFarland, Tulloch and Pardu JJ.A.
BETWEEN
Her Majesty the Queen
Applicant/Appellant
and
Jing Ming Chen and Kien Sheng Kwok
Respondents
Kevin Wilson, for the appellant
Richard M. Goldman, for the respondent Jing Ming Chen and
Christopher A. Avery, for the respondent Kien Sheng Kwok
Heard: February 24, 2015
On appeal from the sentence imposed on February 12, 2014 by Justice Stephen Glithero of the Superior Court of Justice.
APPEAL BOOK ENDORSEMENT
1Appeal is allowed and the sentence imposed at trial on the appellant Chen is set aside.
2The trial judge imposed two consecutive sentences of six months less a day. A fit sentence, as he acknowledged would in these circumstances, be 48 months.
3The trial judge gave this appellant 17 months credit for the 11 months he spent in pre-trial custody.
4The appellant has now served his conditional sentence of 12 months less 2 days. This court would impose a sentence of a further 19 months incarceration.
5Given that the appellant has already served his sentence, the Crown does not seek any further incarceration and accordingly this sentence is stayed.
"J. MacFarland J.A."