R. v. Mombourquette

R. v. Mombourquette

A global custodial sentence of three and one-half years (42 months) is fit and proportionate: individual sentences set at 2.5 years for trafficking cocaine (s.5(1) CDSA), 18 months concurrent for possession of heroin for the purpose of trafficking (s.5(2) CDSA), 6 months concurrent for possession of proceeds of crime (s.354(1)(a) CC), and 1 year consecutive for possession of a prohibited firearm (s.95(1) CC); reduction from a 6 year aggregate is justified by the offender's youth, lack of record, early guilty plea, demonstrable rehabilitation and the principles of restraint and totality while still meeting denunciation and deterrence.

Citation
2024 NSPC 14
Parties
Crown: His Majesty the King; Accused: Cameron Mombourquette
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 January 2024
Procedural Posture
Criminal / Sentencing Decision
Outcome
Global custodial sentence of three and one-half years imposed with specified concurrent and consecutive components; ancillary orders granted.
Legal Topics
Trafficking, Possession for the Purpose of Trafficking, Possession of Proceeds of Crime, Possession of Prohibited Firearm, Sentencing Principles, Totality, Rehabilitation, Denunciation and Deterrence, Guilty Plea
Source Language
English
Criminal Law Controlled Drugs and Substances Act Firearms Law Sentencing Law Trafficking Possession for the Purpose of Trafficking Possession of Proceeds of Crime Possession of Prohibited Firearm +5 more

Case Brief

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Parties

His Majesty the King

Crown

Cameron Mombourquette

Accused

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 Appropriate global custodial sentence for multiple drug, proceeds and firearm offences
  2. 2 Whether sentences should run concurrent or consecutive
  3. 3 Weight to give youth, first-time offender status, addiction and demonstrated rehabilitation

Ratio Decidendi

A global custodial sentence of three and one-half years (42 months) is fit and proportionate: individual sentences set at 2.5 years for trafficking cocaine (s.5(1) CDSA), 18 months concurrent for possession of heroin for the purpose of trafficking (s.5(2) CDSA), 6 months concurrent for possession of proceeds of crime (s.354(1)(a) CC), and 1 year consecutive for possession of a prohibited firearm (s.95(1) CC); reduction from a 6 year aggregate is justified by the offender's youth, lack of record, early guilty plea, demonstrable rehabilitation and the principles of restraint and totality while still meeting denunciation and deterrence.

Court Disposition

Global custodial sentence of three and one-half years imposed with specified concurrent and consecutive components; ancillary orders granted.

Orders

  • Count 2 (s.5(1) CDSA trafficking cocaine): 2.5 years custody
  • Count 10 (s.5(2) CDSA possession of heroin for purpose of trafficking): 18 months custody, concurrent with Count 2