CITATION: R. v. Ha, 2008 ONCA 749

DATE: 20081031

DOCKET: C45612

COURT OF APPEAL FOR ONTARIO

Doherty, Feldman and MacFarland JJ.A.

BETWEEN:

Her Majesty The Queen

Respondent

and

Trung Kien Ha

Applicant/Appellant

Kim Schofield, for the appellant

Moiz Rahman, for the respondent

Heard: October 27, 2008

On appeal from the conviction entered March 31, 2006, and the sentence imposed on June 2, 2006, by Justice Joseph W. Quinn of the Superior Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] With respect to the able submission of counsel we think that the crown’s case was formidable. The verdict was entirely reasonable and we cannot agree that the trial judge did not consider other alternative findings of fact. On the evidence there was only one reasonable conclusion – guilty.

[2] The sentence is within the range. The evidence offered on appeal, does not constitute the kind of “rare” circumstances that would justify a conditional sentence for this kind of offence. In holding that the sentence is within the range we accept the significant aggravating factors identified by the trial judge in his careful reasons for sentence.

[3] Conviction appeal dismissed. Leave to appeal sentence granted appeal dismissed.