The appellant appealed his eight-month sentence for uttering a death threat to a correctional officer.
The appeal raised the issue of collateral immigration consequences that were not considered at sentencing.
As a landed immigrant, a sentence of six months or more would trigger mandatory deportation without a right of appeal under the Immigration and Refugee Protection Act.
The Court of Appeal admitted fresh evidence regarding the appellant's immigration status and the danger opinion process initiated by the Canadian Border Services Agency.
The court reduced the sentence to six months less one day, finding that while collateral immigration consequences are relevant to sentencing, the sentence must remain proportionate to the offence and the offender's degree of responsibility.
