Tuesday, January 27, 2015

Failure to consider immigration consequences of sentence an error in principle

R. v. N. F., 2015 ONCA 51:

[11]       The failure to consider the specific immigration consequences of a carceral sentence of six months or more was an error in principle disentitling the sentencing judge's decision to the deference usually accorded to such decisions in this court. Left to consider the fitness of the sentence, as is our mandate under s. 687 of the Criminal Code, we are satisfied, however, that in this case and despite those consequences, the sentence imposed reflects no error.

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