Sentencing following guilty pleas to two theft under $5,000 counts arising from coordinated LCBO thefts and one breach of probation count for attending an LCBO contrary to an existing order.
The court rejected a joint submission for 90 days' custody, holding that asserted deportation consequences were either not legally mitigating for an accused without status, not proven on the record, or incapable of justifying a disproportionate sentence.
Applying the Anthony-Cook framework, the court found the proposed sentence demonstrably unfit and unredeemed by any countervailing public-interest consideration.
A sentence of 12 months concurrent on the theft counts and 60 days concurrent on the probation breach was imposed.
