Accused pleaded guilty to sexual assault of two neighbours. Rory Ziv sought conditional discharge citing immigration consequences but the court imposed a suspended sentence with probation instead.
In R v Hadni, 2022 ABPC 195, the accused, an immigrant on a work visa, pleaded guilty to sexual assault involving two separate victims in his apartment complex. The first incident involved unwanted embracing, kissing of feet, and attempted kissing of the victim after she showed him her apartment. The second incident involved similar conduct against the victim after the accused helped her move furniture.
Rory Ziv sought a conditional discharge to avoid immigration consequences, while Crown sought a suspended sentence with probation. The central issue was whether the offense should be a matter of public record and whether a discharge met sentencing objectives.
The accused was diagnosed with major depressive disorder and anxiety, though the assessment occurred post-arrest. The psychologist noted the accused felt “misunderstood and misread” about his actions, raising concerns about his appreciation of the consequences.
A conviction would render the accused criminally inadmissible to Canada, requiring deportation and a five-year waiting period before reapplying. His permanent residence application under humanitarian grounds was pending.
The Judge applied the two-step process from R v Lopez-Orellana, first determining a fit sentence (12-month suspended sentence with probation), then considering immigration consequences. The court found a conditional discharge would be disproportionate given the seriousness of having two victims, offenses occurring in victims’ homes, and the accused’s continued conduct after being asked to stop.
12-month suspended sentence with probation, mandatory DNA order, and 10-year SOIRA registration.
