Pezhman Saberi pleaded guilty to child luring under s. 172.1(1)(b) of the Criminal Code.
The Crown sought the mandatory minimum penalty (MMP) of one year incarceration.
Saberi challenged the MMP under s. 172.1(2)(a) as a violation of s. 12 of the Charter, arguing it was grossly disproportionate.
The court found that a fit and proportionate sentence, considering Saberi's circumstances, guilty plea, and severe immigration consequences (deportation if sentence is 6 months or more), was 6 months less one day.
The court declared the MMP of one year unconstitutional as applied to Saberi, finding it to be cruel and unusual punishment that would outrage Canadian standards of decency.
Saberi was sentenced to 6 months less one day incarceration (with credit for pre-trial custody) followed by 18 months probation and various ancillary orders.
