Court of Appeal for Ontario

Date: 2017-03-15 Docket: C62991 Judges: Rouleau, Pepall and Roberts JJ.A.

Between

Her Majesty the Queen Respondent

and

Nedeljko Borozan Appellant

Counsel

For the Appellant:

• Amy Ohler
• Nedeljko Borozan, in person

For the Respondent:

• Morris Pistyner
• Concetta Zary

Hearing and Appeal

Heard: March 8, 2017

On appeal from: The sentence imposed on November 15, 2016 by Justice C. Dorval of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant seeks leave to appeal his 16 month global sentence for trafficking in crack cocaine while on probation.

[2] While it would appear that the sentencing judge initially misunderstood counsel's submission on the appellant's proposed sentence, the sentencing was nonetheless fit in light of the nature of the offense, the quantity and type of drugs and the breach of probation. The sentencing judge was not prepared to give an unfit sentence so as to avoid adverse immigration consequences for the appellant.

[3] We see no basis on which to interfere. Leave to appeal sentence is granted but the appeal is dismissed.