Court of Appeal for Ontario

CITATION: R. v. Srbinovski, 2016 ONCA 729

DATE: 20161004

DOCKET: C62123

Before: Laskin, Gillese and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Marijan Srbinovski

Appellant

Counsel:

Greg Dorsz, for the appellant

Rebecca De Filippis, for the respondent

Heard: September 27, 2016

On appeal from the sentence imposed on February 11, 2015 by Justice Jane E. Kelly of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] The appellant pleaded guilty to assault causing bodily harm and was sentenced to six months’ imprisonment. He seeks leave to appeal his sentence on the ground he was unaware of the immigration consequences to him during the plea and sentencing proceedings. He asks that his sentence be reduced to six months less a day.

[2] The Crown acknowledges and we agree that we should allow the appellant’s sentence appeal. The immigration consequences are significant; the reduction in the sentence is modest; and six months less a day remains a fit sentence.

[3] Accordingly, leave to appeal is granted, the appeal is allowed and the sentence is reduced to six months less a day.