Citation:

R. v. Win

Date: 20011207

2001 BCCA 721

Docket:

CA027399

Registry: Vancouver

COURT OF APPEAL FOR BRITISH COLUMBIA

ORAL REASONS FOR JUDGMENT

Before:

The Honourable Madam Justice Southin

December 7, 2001

The Honourable Madam Justice Newbury

The Honourable Mr. Justice Braidwood

Vancouver, B.C.

BETWEEN:

REGINA

RESPONDENT

AND:

HABIB WIN

APPELLANT


M. Nathanson

appearing for the Appellant

V. Hartney

appearing for the Respondent


[1] SOUTHIN, J.A.: This is an application for leave to appeal, and if leave be given an appeal from a sentence of 15 months imposed upon the appellant for a number of counts of trafficking in crack cocaine.

[2] The only attack made on the sentence arises from some communication which occurred between the police constable, who was dealing with the accused inducing him to sell this stuff, and Crown counsel during the investigation. It appears that Constable Chan had a discussion with Crown counsel as to what they should be doing in order to try and get a heavier sentence or a substantial sentence for the accused.

[3] This was a matter raised on the appeal from conviction. In that appeal from conviction, Mr. Justice Low, speaking for the court, said that nothing that was done was illegal, but that the matter might - he did not say would - but might have something to do with sentence.

[4] In my opinion, what happened between Crown counsel and Constable Chan is irrelevant on the question of sentence. There is nothing in the material to indicate that the learned trial judge did not address his mind to the proper principles of sentencing.

[5] That being so, I would refuse leave.

[6] NEWBURY, J.A.: I agree.

[7] BRAIDWOOD, J.A.: I agree.


"The Honourable Madam Justice Southin"