DATE: 20030526

DOCKET: C39201

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – DENNISON LACROIX (Appellant)

BEFORE:

LASKIN, MacPHERSON and GILLESE JJ.A.

COUNSEL:

Neil R. Jones,

for the appellant

Tina Yuen,

for the respondent

HEARD & ENDORSED:

May 20, 2003

On appeal from the sentence imposed by Justice Bernd E. Zabel of the Ontario Court of Justice dated July 18, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant was sentenced on a joint submission to two years in a penitentiary followed by three years probation. On appeal he seeks to vary the custodial part of his sentence to two years less a day. The Crown does not oppose the variation.

[2] The appellant faces a deportation order. Under the Immigration and Refugee Act he can appeal that order only if his sentence is less than two years. At the time of sentencing the appellant was unaware of and, therefore, did not make known to the trial judge the immigration consequences of his sentencing. These consequences are a relevant consideration on sentence. No disservice to the fitness of the sentence would be caused by the variation the appellant seeks.

[3] Accordingly, the sentence appeal is allowed and the custodial part of the sentence is reduced to two years less a day. The other terms of the sentence remain in place.