Court of Appeal for Ontario
CITATION: R. v. Le, 2009 ONCA 140
DATE: 20090213
DOCKET: C48771
Feldman, MacPherson and Armstrong JJ.A.
BETWEEN:
Her Majesty the Queen
Appellant
and
Quang Huy Le (a.k.a. Henry Le) and Anh Ba Huy Nguyen (a.k.a. Andrew Nguyen)
Respondents
Counsel: Steve Coroza and Jennifer Campitelli, for the appellant Quang Huy Le, appearing in person Anh Ba Huy Nguyen, appearing in person
Heard and released orally: February 12, 2009
On appeal from the sentence imposed on April 29, 2008, by Justice Peter Harris of the Ontario Court of Justice.
ENDORSEMENT
[1] The Crown appeals the 18 month sentences imposed on both respondents for money laundering offences.
[2] Although we agree with the Crown that the sentencing judge erred by criticizing the police sting aspect of this case, contrary to the decision of the Supreme Court of Canada in R. v. Kirzner (1978), 1977 CanLII 38 (SCC), 38 C.C.C. (2d) 131 at p. 137, we do not think that error detracts from his careful review of the aggravating and mitigating factors. We think that the trial judge’s review of these factors does not make the sentence he imposed manifestly unfit.
[3] The appeal is dismissed.
“K. Feldman J.A.”
“J.C. MacPherson J.A.”
“Robert P. Armstrong J.A.”