Court File and Parties

CITATION: R. v. Ariri, 2010 ONCA 363

DATE: 20100518

DOCKET: C47953

COURT OF APPEAL FOR ONTARIO

Moldaver, Cronk and Epstein JJ.A.

BETWEEN:

Her Majesty The queen

Respondent

and

Bawo Ariri

Appellant

David W. Russell, for the appellant

Emile Carrington, for the respondent

Heard and endorsed: May 17, 2010

On appeal from sentence imposed by Justice D. T. Hogg of the Ontario Court of Justice dated July 6, 2006.

APPEAL BOOK ENDORSEMENT

[1] Assuming, without deciding, that the appeal from sentence is not moot, we are not persuaded that there is a basis here for interfering with the disposition below. Although the reasons of the trial judge leave much to be desired, it is clear that he felt that a sentence of two and a half years was warranted on the fraud charges, knowing full well that the appellant was facing a pending deportation order.

[2] On this record, there is no reason to believe that if the specific immigration consequences of a two year sentence on any particular charge had been brought to the trial judge’s attention, he would have altered his sentencing disposition in any way. In the face of the appellant’s serious criminal record for similar offences, he would have been on solid ground in so concluding. The sentence imposed by him was, in our view, fit. Accordingly, leave to appeal sentence is granted, but the appeal is dismissed

[3] In concluding, we have considered the fresh evidence but it does not alter our opinion.