R v Sandhu

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca55, 2026 mbca 55 (canlii), 2026, mbca, 55, (canlii), ar26-30-10352, 2026, criminal and statutory offences, sentencing, drug trafficking, possession of opium and heroin for the purpose of trafficking, sentencing range for street, level trafficking with elements of mid, level trafficking, denunciation and deterrence weighed with addiction and treatment efforts, sentencing judge’s assessment of gravity and responsibility upheld, appeal dismissed, evidence, fresh evidence, sentence appeal, affidavit from immigration counsel, whether affidavit constitutes fresh evidence and meets palmer v the queen, overview of law on immigration consequences treated as not fresh evidence, information on admissibility hearing considered but not outcome, determinative, motion denied, citizenship and immigration, collateral consequences, irpa inadmissibility and appeal rights, immigration and refugee protection act, s. 36(1)(a), ss. 63, 64, 67, whether sentencing judge’s incomplete understanding of loss of appeal rights was a material error in principle, r v pham applied, collateral consequences cannot distort proportionality, no material error found, appeal dismissed, criminal and statutory offences, conditional sentence order, fitness of sentence, whether sentencing judge misapplied law on conditional sentences, including “initial steps” rehabilitation and brief cso consideration after pre, sentence custody credit, error in cso consideration acknowledged but no impact, no misapplication found, appeal dismissed, criminal and statutory offences, sentence appeal, appellate intervention, r v friesen, standard of review, whether sentence demonstrably unfit absent material error in principle, repeated transactions, significant quantities, trafficking indicators considered, low end of thirty, to, thirty, six, month range supported, proportionality emphasized over irpa consequences, appeal dismissed