Analysis Of R. V. Shiwprashad

1817 Words Oct 19th, 2016 8 Pages
Style of Cause

Citation: R. v. Shiwprashad, 2015 ONCA 577
Facts
This case involves the appellant, Shiwprashad, who after 14 prior criminal record charges, including assault and threatening death, committed robbery (p5). His last conviction prior to the robbery was entered October 20th, 2008, for the sexual interference and sexual exploitation of his 15-year-old step daughter. He pleaded guilty and received a 12-month conditional sentence for sexual interference on top of 100 days he had spent in pre-sentence custody. For the sexual exploitation aspect of the crime he received a 90-day intermittent sentence (p6). Being his sexual interference charge was so severe, on July 8th, 2009, he was reported to be “inadmissible to Canada on the basis of serious criminality pursuant to s. 36(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA)”
November 23rd, 2009, a removal order was issued. Meaning they planned to deport him. Upon this realization, Shiwprashad appealed to the Immigration Appeal Division of the Immigration and Refugee Board of Canada (p7). January 28th, 2011, the removal order was put on a four year stay (p8) attached to specific conditions requiring the appellant to report to Canadian Border Services Agency “and do the following things,” with further conditions: 1) commit no further criminal offences; 2) send a written report to Canadian Border Services Agency if he received another criminal charge; 3) report both to the Agency and the…

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