Court of Appeal for Ontario

Citation: R. v. Fam, 2008 ONCA 696

Date: 2008-10-10

Docket: C48365

Before: Winkler C.J.O., Sharpe and Juriansz JJ.A.

Between:

Her Majesty the Queen Respondent

and

Henry Fam Applicant/Appellant

Counsel: Nicholas A. Xynnis for the appellant Gavin MacDonald for the respondent

Heard: October 6, 2008

On appeal from the judgement of Justice Simon C. Armstrong of the Superior Court of Justice dated September 12, 2006.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied on the basis of the new evidence that the appellant was unaware of s. 64(2) of the Immigration and Refugee Protection Act when he elected the two year sentence rather than one of two years less a day that was available to him under the joint position the Crown and defence put to the sentencing judge. As the Crown recognizes the application of the existing authorities result in this appeal being allowed.

[2] We reduce the sentence to one of two years less a day imprisonment concurrent on each count.