R. v. Alsaad

R. v. Alsaad

The sentencing judge lawfully considered immigration consequences, deterrence, denunciation, rehabilitation and relevant aggravating factors; there was no error in principle or misapprehension that rendered the sentence demonstrably unfit, and therefore the appeal is dismissed and the sentence (suspended passing with 18 months probation) is upheld.

Citation
2018 BCSC 442
Parties
Respondent: Regina; Appellant: Nasser Eid Alsaad
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 March 2018
Procedural Posture
Criminal Appeal — Sentence Review / Appeal From Provincial Court Sentencing to Supreme Court of British Columbia
Outcome
Appeal dismissed; sentence upheld
Legal Topics
Assault Causing Bodily Harm, Conditional Discharge, Probation, Collateral Immigration Consequences, Appellate Standard of Review, Fresh Evidence Admissibility
Source Language
English
Criminal Law Sentencing Immigration Consequences Evidence Assault Causing Bodily Harm Conditional Discharge Probation Collateral Immigration Consequences +2 more

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Parties

Regina

Respondent

Nasser Eid Alsaad

Appellant

Procedural Posture

Criminal Appeal — Sentence Review / Appeal From Provincial Court Sentencing to Supreme Court of British Columbia

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to grant a conditional discharge
  2. 2 Whether the sentencing judge properly considered collateral immigration consequences of a conviction
  3. 3 Whether the sentencing judge improperly relied on aggravating factors (fleeing the scene; two‑stage assault)

Ratio Decidendi

The sentencing judge lawfully considered immigration consequences, deterrence, denunciation, rehabilitation and relevant aggravating factors; there was no error in principle or misapprehension that rendered the sentence demonstrably unfit, and therefore the appeal is dismissed and the sentence (suspended passing with 18 months probation) is upheld.

Court Disposition

Appeal dismissed; sentence upheld

Orders

  • Appeal dismissed and sentence of suspended passing with 18 months probation upheld.
  • Fresh evidence (affidavit of Diane Kaiser sworn Feb 19, 2017, including a Deportation Order) admitted on appeal.