Court of Appeal for Ontario

Date: 2021-09-28 Docket: C67135

Judges: Paciocco, Nordheimer and Coroza JJ.A.

Between: Her Majesty the Queen, Respondent and Qi Cong Chen, Appellant

Counsel: Darren S. Sederoff and Robert Cutruzzola, for the appellant Alexia Bystrzycki, for the respondent

Heard: September 3, 2021 by videoconference

On appeal from the sentence imposed on June 27, 2019 by Justice Nancy J. Spies of the Superior Court of Justice.

Reasons for Decision

[1] We grant leave to appeal and allow the appeal. Although we see no error in the trial judge’s reasoning, a conditional sentence is a fit sentence. Based on her reasoning we are confident that the trial judge would have imposed a conditional sentence had the opportunity been available to her to do so.

[2] The terms of the conditional sentence will be prepared and released as soon as reasonably possible.

“David M. Paciocco J.A.”

“I.V.B. Nordheimer J.A.”

“S. Coroza J.A.”