Court of Appeal for Ontario

Citation: R. v. Multani, 2010 ONCA 305

Date: 2010-04-29

Docket: C51568

Between:

Her Majesty The Queen

Respondent

and

Prabhjit Singh Multani

Appellant

Before: Sharpe, Blair and MacFarland JJ.A.

Counsel:

Anthony Paas, for the appellant

Gregory J. Tweney, for the respondent

Heard & released orally: April 27, 2010

On appeal from the sentence imposed by Justice Michelle Fuerst of the Superior Court of Justice dated January 14, 2009.

ENDORSEMENT

[1] The appellant seeks leave to appeal his sentence of 30 months for criminal negligence causing death by street racing.

[2] The circumstances of the offence were extremely serious and have already been thoroughly reviewed by this court in R. v. Nusrat, 2009 ONCA 31, the case involving one of the three racers involved in this very incident. In Nusrat, this court held that given the gravity of the offence, a penitentiary sentence was required. The trial judge fully considered the factors said to distinguish the appellant from that of Nusrat. She found that the appellant and Nusrat were engaged in a common venture and that any differences in their backgrounds were not sufficient to call for a lesser sentence for the appellant. We see no error in that regard.

[3] The appellant’s real concern is that of his immigration status and the fact that if the penitentiary sentence is maintained, he will not have a right of appeal from a deportation order based upon his conviction and sentence. While the deportation consequences of the sentence may be a proper a factor to consider in determining the appropriate sentence in certain cases, immigration consequences cannot take a sentence out of the appropriate range.

[4] In view of this court’s decision in Nusrat holding that this very offence requires a penitentiary sentence, we cannot agree to the request to reduce the sentence below that range in order to circumvent the consequences of the Immigration Act.

[5] We note that the appellant still has the avenue of an appeal to the Minister on compassionate grounds.

[6] For these reasons, leave to appeal sentence is granted but the sentence appeal is dismissed.

“Robert J. Sharpe J.A.”

“R.A. Blair J.A.”

“J. MacFarland J.A.”