Court of Appeal for Ontario
Date: 2021-09-28 Docket: C67135
Judges: Paciocco, Nordheimer and Coroza JJ.A.
Between: Her Majesty the Queen, Respondent and Qi Cong Chen, Appellant
Counsel: Darren S. Sederoff and Robert Cutruzzola, for the appellant Alexia Bystrzycki, for the respondent
Heard: September 3, 2021 by videoconference
On appeal from the sentence imposed on June 27, 2019 by Justice Nancy J. Spies of the Superior Court of Justice.
Reasons for Decision
1We grant leave to appeal and allow the appeal. Although we see no error in the trial judge’s reasoning, a conditional sentence is a fit sentence. Based on her reasoning we are confident that the trial judge would have imposed a conditional sentence had the opportunity been available to her to do so.
2The terms of the conditional sentence will be prepared and released as soon as reasonably possible.
“David M. Paciocco J.A.”
“I.V.B. Nordheimer J.A.”
“S. Coroza J.A.”