R. v. Lazar

R. v. Lazar

The offender's planned, deliberate and dishonest, repeated attempts to re-enter Canada after deportation demonstrated very high moral blameworthiness; misrepresentation to obtain an ETA is objectively serious and warrants custodial sentences within established ranges; mitigating factors (early guilty plea, no Canadian record, consent to immediate removal) and enhanced presentence custody credit reduce the operative custodial time; concurrent sentencing appropriate given close nexus of offences; result: imposed concurrent sentences totalling 4.5 months less presentence custody credit yielding 2 months remaining custody.

Citation
2019 NSPC 31
Parties
Prosecution: Her Majesty the Queen; Accused: Nicolae Lazar
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 May 2019
Procedural Posture
Criminal (immigration Irpa) / Sentencing Hearing
Outcome
Guilty pleas accepted; sentenced to concurrent imprisonment totalling 4.5 months with enhanced presentence custody credit applied resulting in 2 months custody remaining to be served.
Legal Topics
Immigration and Refugee Protection Act Offences, Deportation, Misrepresentation, Electronic Travel Authorization (eta), Presentence Custody Credit, Deterrence, Proportionality
Source Language
English
Immigration Law Criminal Law Sentencing Law Immigration and Refugee Protection Act Offences Deportation Misrepresentation Electronic Travel Authorization (eta) Presentence Custody Credit +2 more

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Parties

Her Majesty the Queen

Prosecution

Nicolae Lazar

Accused

Procedural Posture

Criminal (immigration Irpa) / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence for IRPA offences (return after deportation and misrepresentation on ETA)
  2. 2 Assessment of aggravating and mitigating factors
  3. 3 Application and amount of enhanced presentence custody credit

Ratio Decidendi

The offender's planned, deliberate and dishonest, repeated attempts to re-enter Canada after deportation demonstrated very high moral blameworthiness; misrepresentation to obtain an ETA is objectively serious and warrants custodial sentences within established ranges; mitigating factors (early guilty plea, no Canadian record, consent to immediate removal) and enhanced presentence custody credit reduce the operative custodial time; concurrent sentencing appropriate given close nexus of offences; result: imposed concurrent sentences totalling 4.5 months less presentence custody credit yielding 2 months remaining custody.

Court Disposition

Guilty pleas accepted; sentenced to concurrent imprisonment totalling 4.5 months with enhanced presentence custody credit applied resulting in 2 months custody remaining to be served.

Orders

  • Sentence of 1.5 months imprisonment for offence of returning to Canada after deportation (s.125(b) IRPA)
  • Sentence of 4.5 months imprisonment for offence of misrepresentation on ETA (s.128 IRPA); to be served concurrently with the 1.5 month sentence