DATE: 20050708

DOCKET: C42412

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. TYRONE CHAN (Appellant)

BEFORE:

DOHERTY, FELDMAN and LAFORME JJ.A.

COUNSEL:

Leslie Maunder

for the appellant

Marco Mendicino

for the respondent

HEARD & ENDORSED:

June 30, 2005

On appeal from the sentence imposed by Justice S. Chapnik of the Superior Court of Justice dated August 26, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] Assuming that the trial judge erred in principle in failing to distinguish between the appropriate period of incarceration depending on whether the sentence was custodial or conditional, we are satisfied that the sentence was fit.

[2] The appeal is dismissed.