R. v. Vernal
Because potential immigration consequences that were not considered at sentencing were identified and the Crown consented, the appellate court allowed the appeal and reduced the sentence to six months less one day.
Source-derived case information.
- Citation
- 2018 ONCA 132
- Parties
- Appellant: Dwayne Lushaine Rumondo Vernal; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 February 2018
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal allowed on consent; sentence reduced.
- Legal Topics
- Sentencing Reduction, Immigration Consequences, Consent Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dwayne Lushaine Rumondo Vernal
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the sentence should be reduced because of potential immigration consequences that were not known at the time of sentencing
- 2 Whether the appeal can be allowed on consent to vary the imposed sentence
Ratio Decidendi
Because potential immigration consequences that were not considered at sentencing were identified and the Crown consented, the appellate court allowed the appeal and reduced the sentence to six months less one day.
Court Disposition
Appeal allowed on consent; sentence reduced.
Orders
- Appeal allowed on consent.
- Original sentence reduced to six months less one day.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Vernal Collection Decisions of the Court of Appeal Date 2018-02-16 Neutral citation 2018 ONCA 132 Docket numbers C64297 Judges MacPherson, James C.; Huscroft, Grant; Trotter, Gary T. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Vernal, 2018 ONCA 132 DATE: 20180209 DOCKET: C64297 MacPherson, Huscroft and Trotter JJ.A. BETWEEN Her Majesty the Queen Respondent and Dwayne Lushaine Rumondo Vernal Appellant David Shulman, for the appellant Erica Chozick, duty counsel Michelle Campbell, for the respondent Heard: February 6, 2018 On appeal from the sentence imposed on June 5, 2012 by Justice S. Ford Clements of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] On consent and because of potential immigration consequences that were not known during the sentencing process, the appeal is allowed and the sentence is reduced to 6 months less one day.