Court of Appeal for Ontario

Citation: R. v. Le, 2014 ONCA 752

Date: 2014-10-28

Docket: C58701

Judges: Sharpe, LaForme and Pardu JJ.A.

Between:

Her Majesty the Queen Respondent

and

Phuong Ba Le Appellant

Counsel: Jill R. Presser, for the appellant Emilie Taman, for the respondent

Heard: October 24, 2014

On appeal from the sentence imposed on February 3, 2014 by Justice Peter Tetley of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] We agree with the appellant that the sentence of 5 years in the circumstances of this case offends the parity principle.

[2] The trial judge explicitly rejected the Crown’s position that the appellant was part of a criminal organization, and found that at most he was a trusted courier.

[3] The appellants’ co-accused, the recipient of the drugs, was found to be an active drug trafficker with a criminal record. He received a sentence of 4 years for the same offence.

[4] The appellant is a youthful first offender and the fresh evidence indicates he is doing well in the institution.

[5] In these circumstances, we grant a leave to appeal, allow the appeal and substitute the sentence of 42 months.