R. v. Leung (F.), (1995) 57 B.C.A.C. 252 (CA)

• Judge: Lambert, Cumming and Prowse, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: February 16, 1995
• Jurisdiction: British Columbia
• Citations: (1995), 57 B.C.A.C. 252 (CA)

R. v. Leung (F.) (1995), 57 B.C.A.C. 252 (CA);

    94 W.A.C. 252

MLB headnote and full text

Regina (respondent) v. Faye Leung, also known as Leung Fuey Chell (appellant)

(CA018949)

Indexed As: R. v. Leung (F.)

British Columbia Court of Appeal

Lambert, Cumming and Prowse, JJ.A.

February 16, 1995.

Summary:

The accused was convicted of four counts of receiving secret commissions, one count of theft over $1,000 and two counts of fraud. She was sentenced to 15 months on each count, concurrent. She appealed against sentence.

The British Columbia Court of Appeal, Prowse, J.A., dissenting, allowed the appeal.

Criminal Law - Topic 5854

Sentence - Theft - The accused was con­victed of four counts of receiving secret commissions of over $100,000, one count of theft of $45,000 and two counts of fraud - She had already served three days of full incarceration, and 150 days of electronic monitoring and was on full parole - The British Columbia Court of Appeal, ruling the 15 month sentence on each count, concurrent, was no longer fit, reduced the sentence to time served.

Criminal Law - Topic 5859

Sentence - Fraud - [See Criminal Law - Topic 5854 ].

Criminal Law - Topic 5965

Sentence - Secret commissions - [See Criminal Law - Topic 5854 ].

Counsel:

J.W. Hogan, for the appellant;

D. Jardine, for the respondent, Crown.

This appeal was heard in Vancouver, British Columbia, before Lambert, Cumming and Prowse, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered orally on February 16, 1995 and the following opinions were filed:

Lambert, J.A. - see paragraphs 1 to 10, 14;

Cumming, J.A. - see paragraph 11;

Prowse, J.A. - see paragraphs 12 to 13.