Court of Appeal for Ontario

CITATION: R. v. Mohammed, 2016 ONCA 678

DATE: 20160912

DOCKET: C61478

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

[1] The appellant appeals his sentence on the grounds that the global sentence of 42 months was excessive and has uncontemplated negative immigration consequences.

[2] The 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.

[3] The 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.

[4] The appeal is dismissed.