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La Cour rejette l’appel d’une peine globale de 34 mois pour trafic de drogues, résistance et voies de fait contre un policier, concluant à l’absence d’erreur de principe.
The court sentenced Parmvir Sunner for fentanyl and other trafficking convictions and failure to remain at the scene, imposing a custodial sentence and probation.
On the totality of the circumstantial evidence the court drew the only rational inference to be drawn: Ms Frost and Mr Charter were engaged in a joint enterprise trafficking cocaine. Items demonstrating knowledge and control included cocaine packaged in dime bags and a wooden box in Frost’s purse with her identification present, a scale with residue and a scoresheet in the living room, a duffel bag in the master bedroom containing Charter’s identification together with multiple dime bags of cocaine, and a large block of cocaine in the dresser adjacent to Charter’s bag. Expert opinion corrobor…
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The court sentenced Mr. Capot Blanc-Acko to four years imprisonment concurrent on fentanyl trafficking counts, with concurrent weapons terms and ancillary orders.
The Seizure Report did not validly trigger the 90-day ministerial review period for the seized money because the money retained a dual character (central to both Criminal Code s.354 charges and Excise Act charges) and the parties’ post-stay conduct and communications created uncertainty; therefore, for the seized money only the 90-day period for ministerial review under s.271 of the Excise Act, 2001 commences with the date of this judgment (2019-02-12).
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Balancing statutory youth sentencing principles and Gladue considerations against the aggravating factor of injury to a police officer, the judge found a community-based disposition appropriate. Given the accused's age (12 at offence), first-offender status, guilty pleas, remorse, active participation in a Gladue report and a sentencing circle, and demonstrated prospects for rehabilitation, a 12-month probation order with tailored conditions was proportionate and just, less than the Crown's 18 months but greater than the defence's 9 months.
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The court accepted the parties' joint recommendation as reasonable and imposed concurrent sentences: collapse and termination of the existing conditional sentence with 499 days remnant to be served; a two‑year federal sentence for possession of cocaine for the purpose of trafficking (case 8069516) to be served concurrently with the collapsed conditional sentence; six months for the MDMA count (8069517) concurrent; ninety days for the cannabis count (8069518) concurrent; mandatory victim surcharges ($200 for each indictable count, $100 for the summary count) with 36 months for payment; a DNA s…
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The court accepted the joint recommendation of a global sentence of two years less one day because it fell within an acceptable sentencing range given the seriousness of a 500-plant grow, the defendant's cooperation and early guilty pleas, and absence of proof of subsection 3 aggravating factors; the court distributed the sentence among counts with specified concurrent and consecutive terms and imposed ancillary orders including lifetime firearm prohibition, forfeiture, a DNA order and victim surcharges.
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The court convicted David Rafael Wolski of production and possession of marihuana for the purpose of trafficking, finding he aided the grow operation and had control over it.
The court convicted Mikhail Serov of possession of marihuana for the purpose of trafficking and production of marihuana, relying on circumstantial evidence, control of the unit, and credibility findings.
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