R. v. Momprevil
Fraser J.'s imposition of an 8-year sentence for possession of cocaine for the purpose of trafficking, when combined with the 5-year sentence imposed by Wake J., produced a global sentence of 13 years that failed to respect the totality principle; the Court reduced the possession sentence to 5 years consecutive to...
Source-derived case information.
- Citation
- 2012 ONCA 209
- Parties
- Respondent: Her Majesty the Queen; Appellant: Bernard Rodger Momprevil
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 29 March 2012
- Procedural Posture
- Criminal / Appeal From Sentence (court of Appeal)
- Outcome
- Appeal allowed in part; sentence varied
- Legal Topics
- Totality Principle, Concurrent and Consecutive Sentences, Possession for the Purpose of Trafficking, Assault Causing Bodily Harm, Criminal Harassment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Bernard Rodger Momprevil
Appellant
Procedural Posture
Criminal / Appeal From Sentence (court of Appeal)
Legal Issues
- 1 Whether the second sentence breached the totality principle resulting in an excessive global sentence
- 2 Whether sentences imposed by separate judges should be adjusted to achieve a fair global sentence
- 3 Whether individual sentences were reasonable given the gravity of the offences and the offender's record
Ratio Decidendi
Fraser J.'s imposition of an 8-year sentence for possession of cocaine for the purpose of trafficking, when combined with the 5-year sentence imposed by Wake J., produced a global sentence of 13 years that failed to respect the totality principle; the Court reduced the possession sentence to 5 years consecutive to Wake J.'s sentences to achieve a proportionate global sentence of 10 years.
Court Disposition
Appeal allowed in part; sentence varied
Orders
- Leave to appeal granted
- Appeal from Fraser J. allowed in part
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Momprevil Collection Decisions of the Court of Appeal Date 2012-03-29 Neutral citation 2012 ONCA 209 Docket numbers C52917, C52918 Judges Blair, Robert Ashley; Rouleau, Paul S.; Hoy, Alexandra Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Momprevil, 2012 ONCA 209 DATE: 20120328 DOCKET: C52917 & C52918 Blair, Rouleau and Hoy JJ.A. BETWEEN Her Majesty the Queen Respondent and Bernard Rodger Momprevil Appellant Anik Morrow, for the appellant Lucas Price, for the respondent Heard: March 27, 2012 On appeal from the sentence imposed on August 6, 2008 by Justice D. Wake of the Ontario Court of Justice and of the sentence imposed on August 8, 2008 by Justice Hugh Fraser of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] Mr. Momprevil was convicted at two separate trials by two separate judges, but at about the same time, for (a) assault causing bodily harm and criminal harassment and (b) possession of cocaine valued at about $133,000 for purposes of trafficking, possession of marijuana for purposes of trafficking and possession of the proceeds of crime. [2] Wake J. sentenced the appellant to 5 years imprisonment for the assault on August 6, 2008. Fraser J. sentenced him to 8 years for possession of cocaine for the purposes of trafficking on August 8, 2008. The sentences imposed by both judges for the other crimes were concurrent and for lesser periods. [3] Taken individually, we see no error in principle in either of the sentences imposed, given the very serious nature of the crimes in question and the appellant’s criminal record. In our view, however, Fraser J. failed to consider or gave inadequate consideration to the totality principle in imposing the second sentence resulting in Mr. Momprevil receiving a global sentence of 13 years. Having regard to this consideration, we would reduce the global sentence to 10 years. [4] Leave to appeal is granted and the appeal from the sentence imposed by Fraser J. is allowed by varying the sentence on the possession for the purposes of trafficking in cocaine conviction to one of 5 years consecutive to the sentences imposed by Wake J.