DATE: 20050921

DOCKET: C38569

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. HUONG BICH HUYNH (Applicant/Appellant)

BEFORE:

DOHERTY, MOLDAVER and ARMSTRONG JJ.A.

COUNSEL:

V. Rondinelli for the appellant

Kevin Wilson for the respondent

HEARD & ENDORSED:

September 20, 2005

On appeal from the conviction entered by Justice Himel of the Superior Court of Justice dated May 17, 2002 and the sentence imposed on June 26, 2002.

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

[1] There was ample evidence supporting the trial judge’s conclusion that the appellant was in possession of the heroin sitting on the table in front of him when the police entered the apartment.

[2] The Crown acknowledges that there was no reason to distinguish between this appellant and the co-accused for sentencing purposes. She received four years and the appellant received five years plus 67 days pre-sentencing custody. We think the disparity constitutes an error in principle and would allow the sentence appeal and vary the sentence to four years.