R. v. Fong
The sentence was manifestly excessive; given the appellant's lack of prior imprisonment and prior successful conditional sentence, a shorter sentence (3–6 months) was appropriate; therefore the Court allowed the appeal, reduced the sentence to time served, and ordered that the appellant receive credit for six months...
Source-derived case information.
- Citation
- 2007 ONCA 657
- Parties
- Respondent: HER MAJESTY THE QUEEN; Appellant: CHOU ENG FONG
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 25 September 2007
- Procedural Posture
- Criminal Appeal / Sentence Appeal Court of Appeal Decision
- Outcome
- Appeal allowed; sentence reduced to time served; probation order maintained.
- Legal Topics
- Sentencing, Breach of Probation, Conditional Sentence, Pre Trial Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HER MAJESTY THE QUEEN
Respondent
CHOU ENG FONG
Appellant
Procedural Posture
Criminal Appeal / Sentence Appeal Court of Appeal Decision
Legal Issues
- 1 Whether the sentence imposed for breach of probation was manifestly excessive
- 2 Appropriate quantum of sentence for the breaches and appropriate credit for pre-trial custody
- 3 Whether the probation order should be maintained
Ratio Decidendi
The sentence was manifestly excessive; given the appellant's lack of prior imprisonment and prior successful conditional sentence, a shorter sentence (3–6 months) was appropriate; therefore the Court allowed the appeal, reduced the sentence to time served, and ordered that the appellant receive credit for six months pre-trial custody on a 2:1 basis while leaving the probation order in place.
Court Disposition
Appeal allowed; sentence reduced to time served; probation order maintained.
Orders
- Appeal allowed
- Sentence reduced to time served
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Fong Collection Decisions of the Court of Appeal Date 2007-09-25 Neutral citation 2007 ONCA 657 Docket numbers C47077 Judges Rosenberg, Marc; Gillese, Eileen E.; MacFarland, Jean Louise Subject Criminal Decision Content CITATION: R. v. Fong, 2007 ONCA 657 DATE: 20070924 DOCKET: C47077 COURT OF APPEAL FOR ONTARIO ROSENBERG, GILLESE and MacFARLAND JJ.A. BETWEEN: HER MAJESTY THE QUEEN Respondent and CHOU ENG FONG Appellant Paula Rochman for the appellant Jamie Klukach for the respondent Heard and endorsed September 20, 2007 On appeal from sentence imposed by Justice John F. Hamilton of the Superior Court of Justice, sitting without a jury, dated May 4, 2007. APPEAL BOOK ENDORSEMENT [1] In our view, this sentence was manifestly excessive. The trial judge in effect imposed a 34-month sentence, given the pre-sentence custody. The appellant had no prior record for breach of probation, had never been sentenced to imprisonment and had successfully served a conditional sentence without incident. [2] These breaches were serious and a jail term was required but in our view a sentence in the range of 3 – 6 months would have been appropriate. [3] Accordingly, the appeal is allowed and the sentence is reduced to time served. The record should reflect that the appellant was given credit for 6 months pre-trial custody on a 2:1 basis. The probation order will stand.