R. v. Powell
The sentence, though at the high end, was not manifestly excessive given the extensive year-long conspiracy (at least 22 kg of cocaine), evidence confirming the conspiracy, plans to launder large sums, and the aggravating factor that the offences were committed while the appellant was on bail; the trial judge acted...
Source-derived case information.
- Citation
- C39213
- Parties
- Respondent: Her Majesty the Queen; Appellant: Hilroy Powell
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 July 2005
- Procedural Posture
- Criminal Appeal From Sentence / Court of Appeal Hearing and Oral Release (on Appeal From Sentence Imposed October 5, 2001)
- Outcome
- Leave to appeal sentence granted; appeal dismissed and sentence upheld.
- Legal Topics
- Manifestly Excessive Sentence, Conspiracy, Credit for Pre Trial Custody/bail Conditions, Aggravating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Hilroy Powell
Appellant
Procedural Posture
Criminal Appeal From Sentence / Court of Appeal Hearing and Oral Release (on Appeal From Sentence Imposed October 5, 2001)
Legal Issues
- 1 Whether the sentence was manifestly excessive
- 2 Whether the trial judge's factual findings were inconsistent with the jury verdict
- 3 Whether enhanced credit beyond the normal 2:1 was warranted
Ratio Decidendi
The sentence, though at the high end, was not manifestly excessive given the extensive year-long conspiracy (at least 22 kg of cocaine), evidence confirming the conspiracy, plans to launder large sums, and the aggravating factor that the offences were committed while the appellant was on bail; the trial judge acted within principled discretion regarding credit.
Court Disposition
Leave to appeal sentence granted; appeal dismissed and sentence upheld.
Orders
- Leave to appeal sentence granted
- Appeal dismissed; original sentence upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Powell Collection Decisions of the Court of Appeal Date 2005-07-14 Docket numbers C39213 Judges Rosenberg, Marc; MacFarland, Jean Louise; Rouleau, Paul S. Subject Criminal Decision Content DATE: 20050714 DOCKET: C39213 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) – and – HILROY POWELL (Appellant) BEFORE: ROSENBERG, MACFARLAND and ROULEAU JJ.A. COUNSEL: Brian Snell for the appellant Anya Weiler for the respondent HEARD & RELEASED ORALLY: July 14, 2005 On appeal from the sentence imposed by The Honourable Madam Justice Garton on October 5, 2001. APPEAL BOOK ENDORSEMENT [1] We are all of the view that the sentence, while at the very high end of the range, was not manifestly excessive. The appellant was engaged in a vast conspiracy extending over a year during which he trafficked in at least 22 kilograms of cocaine and also discussed needing to launder money at the rate of $100,000/day. A serious aggravating factor in this case is that the appellant was on bail pending appeal for a drug trafficking offence while he committed these offences. [2] The trial judge’s findings of fact were not inconsistent with the jury’s verdict. She was conscious that two of the Crown witnesses were highly unsavoury and she looked for confirmation of their evidence. Her findings on the scope of the conspiracy are consistent with that approach. We note that there was substantial confirmation of the police agents’ evidence in the testimony of the undercover police officer and the appellant’s own recorded statements. [3] The trial judge considered whether to give enhanced credit beyond 2:1. She provided reasons why the normal credit should be given and we see no error in principle on her approach. There was no evidence from the appellant about the impact of those conditions on him. [4] Accordingly, while leave to appeal sentence is granted, the appeal is dismissed.