R. v. Huynh
The Court upheld the conviction because there was ample evidence to support the trial judge's finding of possession, and allowed the sentence appeal on the basis that the unexplained disparity with the co-accused's sentence was an error in principle, varying the appellant's sentence to four years.
Source-derived case information.
- Citation
- C38569
- Parties
- Appellant: HUONG BICH HUYNH; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 21 September 2005
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Conviction upheld; sentence appeal allowed in part and sentence varied.
- Legal Topics
- Possession, Sentencing Disparity, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HUONG BICH HUYNH
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the appellant was in possession of the heroin found on the table at the time the police entered the apartment
- 2 Whether the sentencing disparity between the appellant and co-accused amounted to an error in principle warranting appellate variation
Ratio Decidendi
The Court upheld the conviction because there was ample evidence to support the trial judge's finding of possession, and allowed the sentence appeal on the basis that the unexplained disparity with the co-accused's sentence was an error in principle, varying the appellant's sentence to four years.
Court Disposition
Conviction upheld; sentence appeal allowed in part and sentence varied.
Orders
- Appeal against conviction dismissed
- Appeal against sentence allowed in part and sentence varied to four years' imprisonment
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Huynh Collection Decisions of the Court of Appeal Date 2005-09-21 Docket numbers C38569 Judges Doherty, David H.; Moldaver, Michael James; Armstrong, Robert Patrick Subject Criminal Decision Content DATE: 20050921 DOCKET: C38569 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. HUONG BICH HUYNH (Applicant/Appellant) BEFORE: DOHERTY, MOLDAVER and ARMSTRONG JJ.A. COUNSEL: V. Rondinelli for the appellant Kevin Wilson for the respondent HEARD & ENDORSED: September 20, 2005 On appeal from the conviction entered by Justice Himel of the Superior Court of Justice dated May 17, 2002 and the sentence imposed on June 26, 2002. APPEAL BOOK ENDORSEMENT [1] There was ample evidence supporting the trial judge’s conclusion that the appellant was in possession of the heroin sitting on the table in front of him when the police entered the apartment. [2] The Crown acknowledges that there was no reason to distinguish between this appellant and the co-accused for sentencing purposes. She received four years and the appellant received five years plus 67 days pre-sentencing custody. We think the disparity constitutes an error in principle and would allow the sentence appeal and vary the sentence to four years.