DATE: 20061018

DOCKET: C44514

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. HIEU HII TRAN (Appellant)

BEFORE:

LASKIN, MOLDAVER and JURIANSZ JJ.A.

COUNSEL:

Bruce Olmsted

for the appellant

Geoffrey Roy

for the respondent

HEARD & ENDORSED:

October 16, 2006

On appeal from the sentence imposed by Justice Bonnie L. Croll of the Superior Court of Justice, sitting without a jury, on November 2, 2005.

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

[1] We are not persuaded that the sentencing judge made any error in principle or misapprehended the evidence. The inference that the appellant was a trusted member of the organization was open to her on the record.

[2] Nor are we persuaded that a four-year sentence is outside an acceptable range. Given the appellant’s role and given that this was a very large scale marijuana operation, the sentence was fit.

[3] Leave to appeal sentence is granted but the appeal is dismissed.