Court of Appeal for Ontario

CITATION: R. v. Fong, 2007 ONCA 657

DATE: 20070924

DOCKET: C47077

ROSENBERG, GILLESE and MacFARLAND JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

CHOU ENG FONG

Appellant

Paula Rochman for the appellant

Jamie Klukach for the respondent

Heard and endorsed: September 20, 2007

On appeal from sentence imposed by Justice John F. Hamilton of the Superior Court of Justice, sitting without a jury, dated May 4, 2007.

APPEAL BOOK ENDORSEMENT

[1] In our view, this sentence was manifestly excessive. The trial judge in effect imposed a 34-month sentence, given the pre-sentence custody. The appellant had no prior record for breach of probation, had never been sentenced to imprisonment and had successfully served a conditional sentence without incident.

[2] These breaches were serious and a jail term was required but in our view a sentence in the range of 3 – 6 months would have been appropriate.

[3] Accordingly, the appeal is allowed and the sentence is reduced to time served. The record should reflect that the appellant was given credit for 6 months pre-trial custody on a 2:1 basis. The probation order will stand.