R. v. Cheng, (1991) 50 O.A.C. 374 (CA)
| Judge | Robins, Griffiths and Osborne, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | June 19, 1991 |
| Jurisdiction | Ontario |
| Citations | (1991), 50 O.A.C. 374 (CA) |
R. v. Cheng (1991), 50 O.A.C. 374 (CA)
MLB headnote and full text
Her Majesty The Queen (appellant) v. Kong Yuen Cheng (respondent)
(No. 1069/90)
Indexed As: R. v. Cheng
Ontario Court of Appeal
Robins, Griffiths and Osborne, JJ.A.
June 19, 1991.
Summary:
The accused was convicted of aggravated assault and sentenced to 90 days' imprisonment. The Crown appealed the sentence.
The Ontario Court of Appeal allowed the appeal and substituted a sentence of six months' imprisonment.
Criminal Law - Topic 5938
Sentence - Aggravated assault - The 49 year old accused seriously assaulted his 43 year old estranged wife - The accused choked her, causing severe physical and psychological harm - The accused had no criminal record or history of violence - Offence out of character - Accused married for 24 years - The trial judge sentenced the accused to 90 days' imprisonment - The accused served the sentence and was now working in China - The Ontario Court of Appeal noted the court's hesitancy to reincarcerate an accused who had served his sentence, but substituted a sentence of six months' imprisonment, because 90 days was inadequate.
Cases Noticed:
R. v. Glen (1983), 1 O.A.C. 212 (C.A.), refd to. [para. 5].
R. v. Inwood (1989), 32 O.A.C. 287; 48 C.C.C.(3d) 173 (C.A.), refd to. [para. 5].
Counsel:
Rosella Cornaviera, for the appellant;
Melvyn Green, for the respondent.
This appeal was heard on June 17, 1991, before Robins, Griffiths and Osborne, JJ.A., of the Ontario Court of Appeal.
On June 19, 1991, the following judgment was endorsed on the appeal record by the Court.
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Ontario Court Of Appeal Summaries (April 29 May 3, 2019)
...471, R. v. F. (D.G.), 2010 ONCA 27, R. v. Smickle, 2014 ONCA 49, R. v. Inwood (1989), 48 C.C.C. (3d) 173 (Ont. C.A.), R. v. Cheng (1991), 50 O.A.C. 374 (C.A.), R. v. Boucher (2004), 186 C.C.C. (3d) 479 (Ont. C.A.) R. v. Trinchi, 2019 ONCA 356 [Juriansz, Pepall and Lauwers JJ.A.] Counsel: M.......
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R. v. J.J.W., (2012) 321 N.S.R.(2d) 298 (CA)
...sentence that was required and was "so inadequate that the interests of justice require the court's intervention": see R. v. Cheng (1991), 50 O.A.C. 374 (Ont. C.A.), at para. 5. The appellate court imposed the sentence of seven years which had been recommended by the Crown at trial and had ......
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R. v. Brown (M.D.), 2012 NSSC 306
...imposed at trial was inadequate or fails to address the relevant principles: R. v. Yew , [1991] N.W.T.R. 396 (C.A.); R. v. Cheng (1991), 50 O.A.C. 374. [31] The Crown noted that these were instances where the appeal of sentence related to a sentence the offender had completed serving. In th......
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R. v. Andrew (M.C.), 2008 BCCA 141
...2005 BCCA 533, refd to. [para. 18]. R. v. Seitcher (T.T.), [2007] B.C.A.C. Uned. 60; 2007 BCCA 255, refd to. [para. 18]. R. v. Cheng (1991), 50 O.A.C. 374 (C.A.), refd to. [para. 20]. R. v. Lam (P.P.T.) (2003), 178 O.A.C. 275; 180 C.C.C.(3d) 127 (C.A.), refd to. [para. 20]. R. v. Charlie (M......
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R. v. J.J.W., (2012) 321 N.S.R.(2d) 298 (CA)
...sentence that was required and was "so inadequate that the interests of justice require the court's intervention": see R. v. Cheng (1991), 50 O.A.C. 374 (Ont. C.A.), at para. 5. The appellate court imposed the sentence of seven years which had been recommended by the Crown at trial and had ......
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R. v. Brown (M.D.), 2012 NSSC 306
...imposed at trial was inadequate or fails to address the relevant principles: R. v. Yew , [1991] N.W.T.R. 396 (C.A.); R. v. Cheng (1991), 50 O.A.C. 374. [31] The Crown noted that these were instances where the appeal of sentence related to a sentence the offender had completed serving. In th......
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R. v. Andrew (M.C.), 2008 BCCA 141
...2005 BCCA 533, refd to. [para. 18]. R. v. Seitcher (T.T.), [2007] B.C.A.C. Uned. 60; 2007 BCCA 255, refd to. [para. 18]. R. v. Cheng (1991), 50 O.A.C. 374 (C.A.), refd to. [para. 20]. R. v. Lam (P.P.T.) (2003), 178 O.A.C. 275; 180 C.C.C.(3d) 127 (C.A.), refd to. [para. 20]. R. v. Charlie (M......
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R. v. D.G.F.,
...141 A.R. 69; 46 W.A.C. 69 (C.A.), refd to. [para. 33]. R. v. Banci, [1982] O.J. No. 58 (C.A.), refd to. [para. 33]. R. v. Cheng (1991), 50 O.A.C. 374 (C.A.), consd. [para. Authors and Works Noticed: Ruby, Clayton C., Davies, Breese, Doucette, Delmar, Loosemore, Sarah, Orkin, Jessica, and Wa......
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Ontario Court Of Appeal Summaries (April 29 May 3, 2019)
...471, R. v. F. (D.G.), 2010 ONCA 27, R. v. Smickle, 2014 ONCA 49, R. v. Inwood (1989), 48 C.C.C. (3d) 173 (Ont. C.A.), R. v. Cheng (1991), 50 O.A.C. 374 (C.A.), R. v. Boucher (2004), 186 C.C.C. (3d) 479 (Ont. C.A.) R. v. Trinchi, 2019 ONCA 356 [Juriansz, Pepall and Lauwers JJ.A.] Counsel: M.......