R v Kazimi

R v Kazimi

Custody for four months was imposed because the offender bore a high degree of responsibility and planning, committed a third deliberate stowaway re‑entry after explicit CBSA warnings and deportations, and denunciation and deterrence outweigh mitigating factors; a discharge was not in the accused's best interests nor in the public interest and immigration consequences, while considered, were not determinative for a non‑status offender, but a reduced custodial term (four months) was fit and allowed for immediate deportation.

Citation
2024 NSPC 57
Parties
Crown: His Majesty the King; Accused: Mohmmad Jawid Kazimi
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 December 2024
Procedural Posture
Criminal Immigration (irpa) / Sentencing After Guilty Plea
Outcome
Custodial sentence of 4 months imprisonment; deportation to be effected immediately following sentence
Legal Topics
Unauthorized Re Entry, Deportation, Stowaway, Conditional Discharge, Denunciation and Deterrence
Source Language
English
Immigration Law Criminal Law Sentencing Unauthorized Re Entry Deportation Stowaway Conditional Discharge Denunciation and Deterrence

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Parties

His Majesty the King

Crown

Mohmmad Jawid Kazimi

Accused

Procedural Posture

Criminal Immigration (irpa) / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for returning to Canada without authorization contrary to s.52(1) IRPA
  2. 2 Whether a conditional discharge is appropriate in light of repeated unlawful entries
  3. 3 Relevance of immigration consequences in sentencing for non‑status offenders

Ratio Decidendi

Custody for four months was imposed because the offender bore a high degree of responsibility and planning, committed a third deliberate stowaway re‑entry after explicit CBSA warnings and deportations, and denunciation and deterrence outweigh mitigating factors; a discharge was not in the accused's best interests nor in the public interest and immigration consequences, while considered, were not determinative for a non‑status offender, but a reduced custodial term (four months) was fit and allowed for immediate deportation.

Court Disposition

Custodial sentence of 4 months imprisonment; deportation to be effected immediately following sentence

Orders

  • Sentence: 4 months imprisonment
  • Deportation to be effected immediately