R. v. Nguyen
The appeal was allowed and the sentence was reduced to 15 months, effectively the time already served, based on the Crown's concession and the appellate court's authority to adjust sentences.
Source-derived case information.
- Citation
- 2012 ONCA 644
- Parties
- Respondent: Her Majesty the Queen; Appellant: Hung Man Nguyen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 26 September 2012
- Procedural Posture
- Criminal / Appeal From Conviction; Sentence Appeal
- Outcome
- Appeal allowed; sentence reduced to 15 months (time served).
- Legal Topics
- Sentencing, Time Served, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Hung Man Nguyen
Appellant
Procedural Posture
Criminal / Appeal From Conviction; Sentence Appeal
Legal Issues
- 1 Whether the sentence should be reduced on appeal
- 2 Whether the appellant should be credited with time served
Ratio Decidendi
The appeal was allowed and the sentence was reduced to 15 months, effectively the time already served, based on the Crown's concession and the appellate court's authority to adjust sentences.
Court Disposition
Appeal allowed; sentence reduced to 15 months (time served).
Orders
- Sentence reduced to 15 months; no further custody required
- Appeal allowed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Nguyen Collection Decisions of the Court of Appeal Date 2012-09-26 Neutral citation 2012 ONCA 644 Docket numbers C52539 Judges Sharpe, Robert J.; Simmons, Janet M.; Epstein, Gloria Jean Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Nguyen, 2012 ONCA 644 DATE: 20120926 DOCKET: C52539 Sharpe, Simmons, and Epstein JJ.A. BETWEEN Her Majesty the Queen Respondent and Hung Man Nguyen Appellant Kristin Bailey, for the appellant Jeremy Streeter, for the respondent Heard: September 24, 2012 On appeal from the conviction entered on March 11, 2010 by Justice Norman S. Douglas of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] The Crown agrees that the sentence appeal should be allowed and the sentence reduced to 15 months, in effect, the time he has already served. We agree and allow the appeal on that basis.