R. v. Bailey

Parties

Procedural Posture

Criminal / Sentencing

Legal Issues

1. 1 Whether Kienapple precludes multiple convictions
2. 2 Appropriate global sentence and allocation among counts
3. 3 Whether to reduce sentence for Charter breaches

Ratio Decidendi

Only one of the overlapping attempt offences was stayed under Kienapple; the appropriate starting global sentence was 12.5 years, reduced by one year principally to reflect serious Charter breaches and to a lesser degree strict release conditions, resulting in an 11.5 year custodial sentence with 72 days pre-trial custody credit; sentences for the remaining counts were ordered concurrent as apportioned and ancillary orders imposed.

Court Disposition

Convictions upheld for conspiracy to import, conspiracy to traffic and attempt to traffic; attempt to possess for the purpose of trafficking stayed; global sentence of 11.5 years imprisonment after mitigation and credit for pre-trial custody; ancillary orders made.

Orders

• Global custodial sentence of 11.5 years imprisonment; credit for 72 days pre-trial custody (enhanced under s. 719(3.1)).
• Sentence apportioned as to counts: 11 years and 110 days for conspiracy to import cocaine; 9 years concurrent for conspiracy to traffic cocaine; 9 years concurrent for attempt to traffic.