Tuesday, November 20, 2018

NOTE TO JUDGE: PUNISHMENT MUST FIT THE CRIME

   The Manitoba Court of Appeal has ruled a judge gave an excessively light sentence to a 23-year-old Somalian refugee to prevent him from being deported, after the man rammed his car into a police vehicle and threatened to kill the officers who arrested him.
   The court ruling Oct. 31 increased Mustaf Ahmed Yare’s sentence to more than 13 months, from five months and 25 days. In their decision, the judges found the longer sentence “may result in his deportation,” but was necessary because the sentencing judge “failed to impose a sentence that was proportionate to the gravity of the offences.”
    The case sheds light on how judges weigh the severity of crimes committed by non-citizens against the consequences of jail time for those who could be deported, after Harper-era changes to immigration rules attempted to make it easier to remove criminals.

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