DATE: 20050812

DOCKET: C42297

COURT OF APPEAL FOR ONTARIO

RE:

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

BEFORE:

GOUDGE, SIMMONS AND ARMSTRONG JJ.A.

COUNSEL:

Barry A. Fox

for the appellant

Christopher Bundy

for the respondent

HEARD & ENDORSED:

August 10, 2005

On appeal from the conviction of Justice Nancy A. Dawson of the Ontario Court of Justice dated March 11, 2004 and on appeal from the sentence imposed by Justice Nancy A. Dawson dated August 6, 2004.

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

[1] In our view this is a relatively heavy sentence in light of the caselaw. However we cannot say that it is outside the range. Nor can we say that the trial judge erred in principle in imposing a custodial term. Leave to appeal granted but the appeal must be dismissed.