Court of Appeal for Ontario
Before: Doherty, Cronk and LaForme JJ.A.
Between
Her Majesty the Queen
Respondent
and
Tekle Ogbamichael
Appellant
Counsel:
Lance Beechener, for the appellant
Kevin Rawluk, for the respondent
Heard: February 10, 2015
On appeal from the sentence imposed by Justice Herold of the Superior Court of Justice on February 17, 2012.
APPEAL BOOK ENDORSEMENT
1Counsel for the appellant has effectively said all that could be said on behalf of the appellant.
2We will proceed on the basis that the appellant has satisfied us that there is an error in principle and we will review the sentence on that basis.
3The appellant argues that the appropriate range of sentence includes a sentence of six months. He submits, given the significant immigration consequences flowing from a sentence in excess of six months, that a sentence of just less than six months would be appropriate.
4Immigration consequences are relevant in fixing the appropriate sentence. However, immigration considerations cannot justify the imposition of a sentence that falls outside the appropriate range: R. v. Pham, 2013 SCC 15 at para. 11.
5Having regard to the appellant’s serious criminal background and the many violations of court orders, we cannot agree that a sentence of six months falls within, or is even close to, the appropriate range. Even if we were inclined to impose a shorter sentence than the trial judge, it would be well above six months.
6The appellant has served the sentence. As we understand it, the appellant does not seek a variation of the sentence unless we were prepared to impose a sentence under six months.
7Consequently, the appeal is dismissed.
