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A Saudi man who was convicted of assaulting a bartender has lost his appeal of his sentence and faces deportation.
In December, Nasser Eid Alsaad, 24, pleaded guilty to one count of assault causing bodily harm in relation to an October 2016 incident at a Prince George drinking establishment.
An intoxicated Alsaad ordered some drinks and when they came, he complained to the female bartender about the price of the drinks, telling her he was not going to pay for them.
The bartender tried to retrieve the drinks, but he threw one of them in her direction and when she came from behind the bar, and with the assistance of other employees, tried to eject him from the premises, he turned and punched her in the face. She suffered a swollen eye and a cut to her eyelid that required attention at the local hospital, where the eyelid was cemented together with medical glue.
In a victim-impact statement, she said that as a result of the assault she had gone from being an outgoing person to being cautious around others. The assault had affected her vision, her face was black-and-blue, and she couldn’t open her eyes for days afterwards, she said.
Court also heard details about Alsaad’s circumstances, including that he was a citizen of Saudi Arabia who had been living in Canada for seven years and had been granted a bachelor of commerce degree from the University of Northern B.C. in 2017.
The Provincial Court judge hearing the case imposed a suspended sentence and 18 months of probation. Alsaad appealed the sentence, arguing that the judge had failed to properly consider the adverse immigration consequences of his criminal conviction, noting that shortly after the sentence was imposed a deportation order was made against him. The offender argued that a more appropriate sentence would have been a conditional discharge.
But in his ruling on the appeal, B.C. Supreme Court Justice Ronald Tindale said that the judge had clearly considered Alsaad’s immigration status in his decision.
“While I agree that the Provincial Court judge was not aware of the imminent nature of the deportation process, he was aware and considered that a conviction may result in the appellant’s removal from Canada,” Tindale said.
Tindale noted that Alsaad had filed an application for judicial review in the Federal Court of Canada regarding his deportation and cited case law that suggested that while Alsaad was on a path that can lead to mandatory deportation, it might not happen on compassionate or humanitarian grounds.
Several other grounds of appeal filed by Alsaad were also rejected, with Tindale concluding that the sentence was not demonstrably unfit and that the appeal should be dismissed.
http://vancouversun.com/news/local-...r-loses-sentence-appeal-and-faces-deportation
In December, Nasser Eid Alsaad, 24, pleaded guilty to one count of assault causing bodily harm in relation to an October 2016 incident at a Prince George drinking establishment.
An intoxicated Alsaad ordered some drinks and when they came, he complained to the female bartender about the price of the drinks, telling her he was not going to pay for them.
The bartender tried to retrieve the drinks, but he threw one of them in her direction and when she came from behind the bar, and with the assistance of other employees, tried to eject him from the premises, he turned and punched her in the face. She suffered a swollen eye and a cut to her eyelid that required attention at the local hospital, where the eyelid was cemented together with medical glue.
In a victim-impact statement, she said that as a result of the assault she had gone from being an outgoing person to being cautious around others. The assault had affected her vision, her face was black-and-blue, and she couldn’t open her eyes for days afterwards, she said.
Court also heard details about Alsaad’s circumstances, including that he was a citizen of Saudi Arabia who had been living in Canada for seven years and had been granted a bachelor of commerce degree from the University of Northern B.C. in 2017.
The Provincial Court judge hearing the case imposed a suspended sentence and 18 months of probation. Alsaad appealed the sentence, arguing that the judge had failed to properly consider the adverse immigration consequences of his criminal conviction, noting that shortly after the sentence was imposed a deportation order was made against him. The offender argued that a more appropriate sentence would have been a conditional discharge.
But in his ruling on the appeal, B.C. Supreme Court Justice Ronald Tindale said that the judge had clearly considered Alsaad’s immigration status in his decision.
“While I agree that the Provincial Court judge was not aware of the imminent nature of the deportation process, he was aware and considered that a conviction may result in the appellant’s removal from Canada,” Tindale said.
Tindale noted that Alsaad had filed an application for judicial review in the Federal Court of Canada regarding his deportation and cited case law that suggested that while Alsaad was on a path that can lead to mandatory deportation, it might not happen on compassionate or humanitarian grounds.
Several other grounds of appeal filed by Alsaad were also rejected, with Tindale concluding that the sentence was not demonstrably unfit and that the appeal should be dismissed.
http://vancouversun.com/news/local-...r-loses-sentence-appeal-and-faces-deportation
