R v. Lambert

Parties

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

1. 1 Whether Kienapple precludes multiple convictions/sentences
2. 2 Appropriate global and individual sentences for large‑scale cocaine importation and related conspiracies
3. 3 Whether Charter breaches justify mitigation of sentence

Ratio Decidendi

Court convicted and sentenced Lambert for conspiracy to import cocaine, conspiracy to traffic and one attempt; applied Kienapple to stay one attempt charge; held denunciation and general deterrence paramount given 157 kg high‑purity cocaine and Lambert's leadership role; found Charter breaches but not flagrant so limited mitigation, accepted remand conditions warranted a one‑year reduction; applied s.719(3.1) to cap enhanced remand credit at 1.5 days per day (1,256 days total); imposed a global custodial sentence of 16 years less 1,256 days credit (resulting in a go‑forward sentence of 12 years and 204 days), with 14 years for conspiracy to import, concurrent 10‑year sentences for the...

Court Disposition

Convictions maintained; sentence imposed: global 16 years custody less 1,256 days pre‑trial credit, resulting in an effective go‑forward sentence of 12 years and 204 days.

Orders

• Conspiracy to import cocaine: 14 years custody
• Conspiracy to traffic cocaine: 10 years custody concurrent with import sentence