DATE: 20050711

DOCKET: C42782

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – VAN LUU NGUYEN (Appellant)

BEFORE:

ROSENBERG, MACFARLAND and ROULEAU JJ.A.

COUNSEL:

Craig Parry

for the appellant

Iona Jaffe

for the respondent

HEARD & ENDORSED:

July 11, 2005

On appeal from the sentence imposed by The Honourable Mr. Justice McDermid on November 18, 2004.

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

[1] The Crown properly concedes that the suggested joint submission would not bring the administration of justice into disrepute and was not contrary to the public interest. The trial judge erred in principle in departing from the joint submission. He did not explain why the proposed sentence was contrary to the public interest and he failed to take into account the minor role alleged by the Crown.

[2] Accordingly, the appeal is allowed and the sentence is reduced to a 13 month conditional sentence to run from today’s date on the terms set out in Appendix “A” of the appellant’s factum except that term ten will be for a period of 7 months.