R. v. Hoang
The trial judge erred in principle by considering the appellant's breach of a bail condition as an aggravating factor; because of that error the Court of Appeal was entitled to intervene and, having regard to all circumstances, imposed a fit sentence of fifteen months.
Source-derived case information.
- Citation
- 2007 ONCA 851
- Parties
- Respondent: HER MAJESTY THE QUEEN; Appellant: ANH SY HOANG
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 December 2007
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal allowed in part; sentence reduced
- Legal Topics
- Sentencing, Bail Conditions, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HER MAJESTY THE QUEEN
Respondent
ANH SY HOANG
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the trial judge erred by treating a breach of bail condition as an aggravating factor in sentencing
- 2 Whether the appellate court should intervene where the sentencing judge made an error in principle
- 3 What is the appropriate custodial sentence in all the circumstances
Ratio Decidendi
The trial judge erred in principle by considering the appellant's breach of a bail condition as an aggravating factor; because of that error the Court of Appeal was entitled to intervene and, having regard to all circumstances, imposed a fit sentence of fifteen months.
Court Disposition
Appeal allowed in part; sentence reduced
Orders
- Leave to appeal sentence granted.
- Sentence on counts 1 and 5 reduced from twenty-two months to fifteen months.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Hoang Collection Decisions of the Court of Appeal Date 2007-12-07 Neutral citation 2007 ONCA 851 Docket numbers C46918 Judges Laskin, John Ivan; Rosenberg, Marc; MacPherson, James C. Subject Criminal Decision Content CITATION: R. v. Hoang, 2007 ONCA 851 DATE: 20071206 DOCKET: C46918 COURT OF APPEAL FOR ONTARIO LASKIN, ROSENBERG and MACPHERSON JJ.A. BETWEEN: HER MAJESTY THE QUEEN Respondent and ANH SY HOANG Appellant Joseph Di Luca for the appellant G. Christopher Walsh for the respondent Heard: December 5, 2007 On appeal from the sentence imposed by Justice Richard C. Gates of the Superior Court of Justice, on October 17, 2006. APPEAL BOOK ENDORSEMENT [1] We agree with Mr. Di Luca’s submission that the trial judge erred in principle in taking into account the appellant’s breach of one of her bail conditions as a factor aggravating the length of the custodial sentence. Because of this error, this court is entitled to intervene in the sentence. Having regard to all the circumstances, we consider that a fit sentence is fifteen months. [2] Accordingly, leave to appeal sentence is granted and the sentence on counts 1 and 5 is reduced from twenty-two months to fifteen months.