Court File and Parties

CITATION: R. v. Hoang, 2007 ONCA 851

DATE: 20071206

DOCKET: C46918

COURT OF APPEAL FOR ONTARIO

BEFORE: LASKIN, ROSENBERG and MACPHERSON JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN Respondent

and

ANH SY HOANG Appellant

Counsel: Joseph Di Luca for the appellant G. Christopher Walsh for the respondent

Heard: December 5, 2007

On appeal from the sentence imposed by Justice Richard C. Gates of the Superior Court of Justice, on October 17, 2006.

APPEAL BOOK ENDORSEMENT

[1] We agree with Mr. Di Luca’s submission that the trial judge erred in principle in taking into account the appellant’s breach of one of her bail conditions as a factor aggravating the length of the custodial sentence. Because of this error, this court is entitled to intervene in the sentence. Having regard to all the circumstances, we consider that a fit sentence is fifteen months.

[2] Accordingly, leave to appeal sentence is granted and the sentence on counts 1 and 5 is reduced from twenty-two months to fifteen months.