Court of Appeal for Ontario

Date: 2019-02-13 Docket: C65215 Judges: Feldman, Paciocco and Zarnett JJ.A.

Between

Her Majesty the Queen Respondent

and

Zoltan Farkas Appellant

Counsel

Andrew Stastny, for the appellant

Caitlin Sharawy, for the respondent

Hearing and Release

Heard and released orally: February 12, 2019

On appeal from: The conviction entered on September 20, 2017 by Justice Donald Halikowski of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The Crown agrees with the position of the appellant that the guilty plea to theft from mail contrary to s. 356(3) of the Code was uninformed, as the appellant was not aware of the immigration consequences of a conviction for that offence. It is agreed by both parties that had the appellant been fully informed, he would have pled guilty to the lesser included offence of theft under $5,000, contrary to s. 334(b) of the Code.

[2] Therefore, on consent, the appeal is dismissed in accordance with s. 686(1)(b)(i), the verdict of guilty to theft from mail is set aside and a verdict of guilty to theft under $5,000 is substituted. The sentence remains the same (s. 686(3)(b)). It has been served.