R. v. Tang (P.), (1997) 200 A.R. 70 (CA)

• Court: Court of Appeal (Alberta)
• Case Date: May 07, 1997
• Citations: (1997), 200 A.R. 70 (CA)

R. v. Tang (P.) (1997), 200 A.R. 70 (CA);

    146 W.A.C. 70

MLB headnote and full text

Her Majesty The Queen (respondent) v. Peter Tang (appellant)

(Appeal No. 95-15898)

Indexed As: R. v. Tang (P.)

Alberta Court of Appeal

Fraser, C.J.A., Mason and

Bielby, JJ.(ad hoc)

May 7, 1997.

Summary:

An accused convicted of living off the avails of prostitution was sentenced to five years' imprisonment. The accused appealed against sentence.

The Alberta Court of Appeal dismissed the appeal.

Criminal Law - Topic 5907

Sentence - Prostitution - Living on the avails of - The accused solicited and provided customers for his 13 and 14 year old prostitutes - The trial judge, in sen­tencing the accused to five years' impris­onment for living off the avails of prosti­tution, emphasized the girls' young age - The accused appealed, claiming that the trial judge overemphasized their age and that given that there was no violence and pimping was not his sole source of income, 18 to 24 months would have been an appropriate sentence - Exploitation of child prostitutes was clearly a pressing and moral concern in Alberta - Exploitation was pres­ent - One girl was introduced to prostitu­tion by the accused - Both girls were in foster care and were easy prey - No prior criminal record, but operated a sophisti­cated brothel - No display of remorse - The Alberta Court of Appeal dismissed the accused's sentence appeal - The court listed 12 aggravating and miti­gating factors to be considered.

Cases Noticed:

R. v. Foster (1984), 54 A.R. 372 (C.A.), refd to. [para. 5].

R. v. Murray (C.E.) (1995), 169 A.R. 307; 97 W.A.C. 307 (C.A.), refd to. [para. 7].

R. v. Francis (W.L.) (1995), 165 A.R. 109; 89 W.A.C. 109 (C.A.), refd to. [para. 20].

Counsel:

E.A. Hughes, for the respondent;

C.R. Stewart, for the appellant.

This appeal was heard on February 19, 1997, before Fraser, C.J.A., Mason and Bielby, JJ.(ad hoc), of the Alberta Court of Appeal.

On May 7, 1997, the following memoran­dum of judgment was delivered by the Court.