R. v. Korem

R. v. Korem

The discharge application was denied because the accused failed to provide plausible and convincing evidence that a conviction would cause immigration inadmissibility or materially impair employment prospects, and because the public interest weighed against a discharge given the opportunistic and vindictive circumstances of the theft; accordingly the court convicted and imposed 12 months probation with specified no-contact and restitution conditions under s.731(1)(a).

Citation
2017 NSPC 70
Parties
Crown: Her Majesty the Queen; Accused: Nahman Korem
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 August 2017
Procedural Posture
Criminal Theft / Sentencing
Outcome
Convicted (theft under $5,000); application for discharge denied; sentenced to 12 months probation with restitution and no-contact conditions.
Legal Topics
Theft Under $5, 000, Discharge, Probation, Restitution, Sentencing, Immigration Consequences, Employment Consequences
Source Language
English
Criminal Law Immigration Law Family Law Theft Under $5,000 Discharge Probation Restitution Sentencing +2 more

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Parties

Her Majesty the Queen

Crown

Nahman Korem

Accused

Procedural Posture

Criminal Theft / Sentencing

Legal Issues

  1. 1 Whether a discharge should be granted
  2. 2 Immigration/residency consequences of a conviction
  3. 3 Impact of a criminal record on employment prospects

Ratio Decidendi

The discharge application was denied because the accused failed to provide plausible and convincing evidence that a conviction would cause immigration inadmissibility or materially impair employment prospects, and because the public interest weighed against a discharge given the opportunistic and vindictive circumstances of the theft; accordingly the court convicted and imposed 12 months probation with specified no-contact and restitution conditions under s.731(1)(a).

Court Disposition

Convicted (theft under $5,000); application for discharge denied; sentenced to 12 months probation with restitution and no-contact conditions.

Orders

  • Release on probation for 12 months pursuant to s.731(1)(a)
  • Keep the peace and be of good behaviour