COURT OF APPEAL FOR ONTARIO
CITATION: R. v. Le, 2014 ONCA 752
DATE: 20141028
DOCKET: C58701
Sharpe, LaForme and Pardu JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Phuong Ba Le
Appellant
Jill R. Presser, for the appellant
Emilie Taman, for the respondent
Heard: October 24, 2014
On appeal from the sentence imposed on February 3, 2014 by Justice Peter Tetley of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
[1] We agree with the appellant that the sentence of 5 years in the circumstances of this case offends the parity principle.
[2] The trial judge explicitly rejected the Crown’s position that the appellant was part of a criminal organization, and found that at most he was a trusted courier.
[3] The appellants’ co-accused, the recipient of the drugs, was found to be an active drug trafficker with a criminal record. He received a sentence of 4 years for the same offence.
[4] The appellant is a youthful first offender and the fresh evidence indicates he is doing well in the institution.
[5] In these circumstances, we grant a leave to appeal, allow the appeal and substitute the sentence of 42 months.