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The Ontario Court of Appeal slashed a jail term handed a Syrian-born bank robber so he could avoid deportation to his homeland, where he could be conscripted into the civil war.

Because of the “collateral immigration consequences,” the appeal court reduced Amjad Nassri’s sentence by more than one third — from nine months to less than six months — for a bank heist that ended when he crashed into a truck during his getaway.

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“It is self-evident that depriving the appellant of the right to appeal deportation to one of the most dangerous places on Earth would be grossly disproportionate to this offence,” wrote Justice Robert Sharpe on behalf of a panel of three judges.

The decision, however, is being criticized for circumventing the Harper government’s crackdown on foreign criminals remaining in Canada. Just weeks before Nassri was sentenced, the government’s new legislation speeding removal of foreigners sentenced to more than six months was enacted.