R. v. Wong (K.S.), (2007) 422 A.R. 92 (NWTCA)

JudgeCostigan, Slatter and Rowbotham, JJ.A.
CourtCourt of Appeal (Northwest Territories)
Case DateNovember 22, 2007
JurisdictionNorthwest Territories
Citations(2007), 422 A.R. 92 (NWTCA)

R. v. Wong (K.S.) (2007), 422 A.R. 92 (NWTCA);

      415 W.A.C. 92

MLB headnote and full text

Temp. Cite: [2007] A.R. TBEd. DE.040

Her Majesty the Queen (respondent/plaintiff) v. Kan Siu (Ken) Wong (appellant/defendant)

(A-1-AP2007000019; A-1-AP2007000020; 2007 NWTCA 5)

Indexed As: R. v. Wong (K.S.)

Northwest Territories Court of Appeal

Costigan, Slatter and Rowbotham, JJ.A.

November 22, 2007.

Summary:

The accused pleaded guilty to a serious charge of conspiracy to traffic in cocaine and related charges of laundering the proceeds of crime and tax evasion. The accused appealed his sentence, arguing that the trial judge erred in not accepting a joint submission from counsel. The Crown agreed.

The Northwest Territories Court of Appeal allowed the appeal and the cross-appeal.

Criminal Law - Topic 5813

Sentencing - Sentencing procedure and rights of the accused - Plea bargain or joint submission - Effect of - The accused pleaded guilty to a serious charge of conspiracy to traffic in cocaine and related charges of laundering the proceeds of crime and tax evasion - A joint submission was made on the following basis: a) four years' imprisonment on the conspiracy charge; b) one year consecutive on the money laundering charge; c) a $96,000 fine, and in default of payment one year concurrent to the other sentences, on the tax evasion charge; d) six months' credit for remand time, and; e) a $400,000 fine in lieu of a forfeiture, with a three year consecutive sentence in default of payment - The trial judge's sentence differed from the joint submission in that he imposed five years on the conspiracy charge and made the one year term in default of paying the $96,000 fine consecutive rather than concurrent - The accused appealed - The Northwest Territories Court of Appeal varied the sentence to correspond with the joint submission - The trial judge erred in segregating one portion of the joint submission (the custodial portion) and determining that it, standing alone, was unfit - The joint submission had to be considered as a whole - The joint submission was not unreasonable or outside the appropriate range.

Criminal Law - Topic 5857

Sentence - Conspiracy - [See Criminal Law - Topic 5813 ].

Criminal Law - Topic 5972

Sentence - Money laundering or proceeds of crime - [See Criminal Law - Topic 5813 ].

Income Tax - Topic 9684

Tax evasion and tax avoidance - Punishments - Sentence - Imprisonment - [See Criminal Law - Topic 5813 ].

Income Tax - Topic 9685

Tax evasion and tax avoidance - Punishments - Sentence - Fines - [See Criminal Law - Topic 5813 ].

Cases Noticed:

R. v. G.W.C., [2001] 5 W.W.R. 230; 277 A.R. 20; 242 W.A.C. 20; 89 Alta. L.R.(3d) 217; 2000 ABCA 333, refd to. [para. 6].

R. v. MacDonald (Q.W.) (2004), 357 A.R. 43; 334 W.A.C. 43; 2004 ABCA 295, refd to. [para. 6].

Counsel:

R. Davidson, for the appellant;

C. Gagnon, for the respondent.

This appeal was heard by Costigan, Slatter and Rowbotham, JJ.A., of the Northwest Territories Court of Appeal, on November 22, 2007. Slatter, J.A., delivered the following memorandum of judgment from the bench, which was filed on December 5, 2007.

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