In what circumstances will a court grant an appeal against a probationary sentence?
Alberta, Canada
The following excerpt is from R. v. Mendoza, 1993 ABCA 89 (CanLII):
In a more recent case, The Queen v. Kerr (1982) A.R. 254, our court had to deal with an application somewhat similar to the case at bar where a 19 year old woman was convicted of shoplifting and was given a probationary sentence at trial. She appealed, claiming that the sentence given would almost certainly force her to face deportation proceedings and that therefore she should be given late leave to appeal and a discharge. This court dismissed the appeal and in so doing reviewed the authorities.
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