Court of Appeal for Ontario
MacPherson, Pepall and Pardu JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Allan Mohammed
Appellant
Counsel:
Allan Mohammed, acting in person
Andrew Faith, duty counsel
Hannah Freeman, for the respondent
Heard: September 6, 2016
On appeal from the sentence imposed on January 6, 2015 by Justice Robert J. Nightingale of the Superior Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1The appellant appeals his sentence on the grounds that the global sentence of 42 months was excessive and has uncontemplated negative immigration consequences.
2The global sentence was not excessive. Some of the offences taken alone and all of the offences taken together constitute a major and serious fraud worthy of a penitentiary sentence: see R. v. Bogart, 2002 CanLII 41073 (ONCA) and R. v. Dobis, 2002 CanLII 32815 (ONCA). It is not surprising that trial defence counsel took the position that a global sentence of three years’ imprisonment was appropriate.
3The appellant’s second submission, flowing from the negative immigration consequences, is that his appeal should be allowed to the extent of imposing seven sentences of six months each. We are not prepared to do this. It would be an artificial way of avoiding Parliament’s intent with respect to serious crimes committed by persons who immigrated to Canada: see R. v. Pham, 2013 SCC 15.
4The appeal is dismissed.
