Court of Appeal for Ontario

Citation: R. v. Lu, 2020 ONCA 70

Date: 2020-01-30

Docket: C63233 & C63841

Before: Watt, Tulloch and Trotter JJ.A.

Between

Her Majesty the Queen Respondent

and

Haishi Lu and Kai Hua Lin Appellants

Counsel: Darren Sederoff and Robert Cutruzzola, for the appellants Kelvin Ramchand, for the respondent

Heard and released orally: January 24, 2020

On appeal from the convictions entered on April 15, 2016 and the sentences imposed on January 12, 2017 (C63233) and July 6, 2017 (C63841) by Justice Cathy Mocha of the Ontario Court of Justice.

REASONS FOR DECISION

[1] The appellants appeal the sentences imposed upon them for production and possession for the purpose of trafficking in marijuana. The sentences were imposed after a joint trial. Each received a custodial sentence. The appellant Lu was also ordered to comply with the terms of the probation order upon release from custody.

[2] In this court, the appellants seek substitution of a suspended sentence, or in the alternative, a custodial sentence within the range of sentence that may be served intermittently.

[3] In our view, these appeals fail. Mindful of our authority to intervene on appeals from sentence under R. v. Lacasse, 2015 SCC 64, [2015] 3 S.C.R. 1089, we are not persuaded that the sentencing judge erred in principle; failed to consider a relevant factor; or erroneously considered or placed undue emphasis on an aggravating or mitigating factor in determining the sentences she imposed.

[4] In our view, the sentences imposed were and remain fit for these offenders and the offences they committed.

[5] Leave to appeal sentence is granted, but the appeals from sentence are dismissed, save to the extent that any victim surcharge imposed by the sentencing judge is set aside. Any outstanding appeals from conviction are dismissed as abandoned.

“David Watt J.A.”

“M. Tulloch J.A.”

“Gary Trotter J.A.”