R. v. Razmara
The appeal is dismissed because speculation regarding the appellant's immigration status and potential deportation, and its possible effect on day parole eligibility, is irrelevant to the determination of an appropriate sentence.
Source-derived case information.
- Citation
- 2012 ONCA 13
- Parties
- Respondent: Her Majesty the Queen; Appellant: Amir Razmara
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 9 January 2012
- Procedural Posture
- Criminal / Appeal From Sentence to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Sentencing, Day Parole Eligibility, Deportation, Importation and Trafficking, Guilty Plea
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Amir Razmara
Appellant
Procedural Posture
Criminal / Appeal From Sentence to Court of Appeal
Legal Issues
- 1 Whether the appellant's immigration status and potential deportation affecting day parole eligibility is relevant to sentencing
- 2 Whether the imposed 14-year sentence was inappropriate
Ratio Decidendi
The appeal is dismissed because speculation regarding the appellant's immigration status and potential deportation, and its possible effect on day parole eligibility, is irrelevant to the determination of an appropriate sentence.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Sentence of 14 years imposed by the Superior Court of Justice dated July 4, 2008 is affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Razmara Collection Decisions of the Court of Appeal Date 2012-01-09 Neutral citation 2012 ONCA 13 Docket numbers C51616 Judges Winkler, Warren Keith; Doherty, David H.; Goudge, Stephen Thomas Subject Criminal Decision Content CITATION: R. v. Razmara, 2012 ONCA 13 DATE: 20120109 DOCKET: C51616 COURT OF APPEAL FOR ONTARIO Winkler C.J.O., Doherty and Goudge JJ.A. BETWEEN Her Majesty the Queen Respondent and Amir Razmara Appellant Michael S. Mandelcorn, for the appellant Marie Comiskey, for the respondent Heard: January 9, 2012 On appeal from the sentence imposed by Justice McMahon of the Superior Court of Justice dated July 4, 2008. APPEAL BOOK ENDORSEMENT [1] The appellant was sentenced on his guilty plea to a total of 14 years on charges of importing and trafficking in large amounts of cocaine. The appellant has a criminal record in the United States for similar offences. He was on probation for these offences when he committed these offences. [2] In oral argument, counsel argued that the appellant is liable to deportation because of his immigration status and that this potential means that he may not be eligible for day parole. Speculation as to the potential effect of the appellant’s immigration status on his eligibility for day parole had no relevance to the determination of the appropriate sentence. [3] The appeal is dismissed.