COURT OF APPEAL FOR ONTARIO
Rosenberg, Simmons and Lang JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Achuil Lual
Appellant
James Foord for the appellant
Linda A. Shin for the respondent
Heard and endorsed: April 15, 2009
On appeal from sentence imposed by Justice Griffiths of the Superior Court of Justice dated January 7, 2005.
ENDORSEMENT
1Mr. Shin has pointed out a number of factors that suggest that we should not exercise our discretion in favour of the appellant. However, in our view, the overwhelming factor is that it is clear that had counsel and the trial judge been aware of the immigration consequences the joint submission would have taken that into account.
2Accordingly, leave to appeal is granted, the appeal is allowed and the sentence reduced to two years less five days.