R. v. Brown (C.), (2015) 324 Man.R.(2d) 35 (PC)

• Judge: Carlson, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: September 17, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 324 Man.R.(2d) 35 (PC);2015 MBPC 46

R. v. Brown (C.) (2015), 324 Man.R.(2d) 35 (PC)

MLB headnote and full text

Temp. Cite: [2016] Man.R.(2d) TBEd. JA.023

Her Majesty The Queen v. Cameron Brown (accused)

(2015 MBPC 46)

Indexed As: R. v. Brown (C.)

Manitoba Provincial Court

Carlson, P.C.J.

September 17, 2015.

Summary:

Brown pled guilty to trafficking a controlled substance (heroin), possessing a controlled substance (heroin) for the purpose of trafficking, and possessing a restricted firearm together with readily accessible ammunition capable of being discharged in the firearm while he was not the holder of an authorization or licence under which he could possess such firearm.

The Manitoba Provincial Court imposed concurrent sentences for the drug offences equivalent to six years' imprisonment, less 762 days' credit for 508 days of pre-sentence custody (credited at 1.5:1). The sentence going forward was three years and 11 months. The court imposed a sentence of three years for the firearm offence, consecutive to the sentences on the drug offences. The court also imposed a DNA order, a lifetime weapons prohibition order, and a forfeiture order as to the items seized.

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - [See Criminal Law - Topic 5871 ].

Criminal Law - Topic 5871

Sentence - Possession and use or sale of weapons or ammunition - Brown pled guilty to trafficking heroin, possessing heroin for the purpose of trafficking, and possessing a restricted firearm together with readily accessible ammunition capable of being discharged in the firearm while he was not the holder of an authorization or licence under which he could possess such firearm - The Manitoba Provincial Court imposed concurrent sentences for the drug offences equivalent to six years' imprisonment, less 762 days' credit for 508 days of pre-sentence custody (credited at 1.5:1) - The sentence going forward was three years and 11 months - The court imposed a sentence of three years for the firearm offence, consecutive to the sentences on the drug offences - The court also imposed a DNA order, a lifetime weapons prohibition order, and a forfeiture order as to the items seized - The mitigating factors included that Brown pled guilty and took responsibility for his offences - He was 29 years old and still a youthful offender - The aggravating factors included that Brown had a recent conviction for trafficking cocaine for which he had received a sentence equivalent to five years incarceration, he committed these offences within 13 months of being released from custody, the combination of heroin and the loaded firearm in the presence of each other, and the court's finding that Brown was a mid level trafficker of heroin.

Cases Noticed:

R. v. Brown (T.C.) (2012), 280 Man.R.(2d) 205; 548 W.A.C. 205; 2012 MBCA 60, refd to. [para. 25].

R. v. Gilchrist (R.) (2004), 184 Man.R.(2d) 23; 318 W.A.C. 23; 2004 MBCA 21, refd to. [para. 26].

R. v. Rocha (S.) (2009), 236 Man.R.(2d) 213; 448 W.A.C. 213; 2009 MBCA 26, refd to. [para. 26].

R. v. Oddleifson (J.N.) (2010), 255 Man.R.(2d) 68; 486 W.A.C. 68; 2010 MBCA 44, refd to. [para. 26].

R. v. Rider (D.T.) (2013), 292 Man.R.(2d) 174; 2013 MBQB 116, refd to. [para. 34].

R. v. Seman (R.B.) (1996), 110 Man.R.(2d) 72; 118 W.A.C. 72 (C.A.), refd to. [para. 43].

R. v. Maskell (1981), 29 A.R. 107; 58 C.C.C.(2d) 408; 1981 ABCA 50, refd to. [para. 43].

R. v. Grant (I.M.) (2007), 216 Man.R.(2d) 219; 2007 MBQB 135, refd to. [para. 44].

R. v. Kukelka (S.K.) (2010), 286 B.C.A.C. 69; 484 W.A.C. 69; 2010 BCCA 180, refd to. [para. 46].

R. v. Ramos (Z.M.) (2007), 214 Man.R.(2d) 280; 395 W.A.C. 280; 2007 MBCA 87, dist. [para. 47].

R. v. Kunicki (J.J.) (2014), 303 Man.R.(2d) 278; 600 W.A.C. 278; 2014 MBCA 22, dist. [para. 48].

R. v. Nur (H.), [2015] 1 S.C.R. 773; 469 N.R. 1; 332 O.A.C. 208; 2015 SCC 15, refd to. [para. 51].

R. v. Rider (D.T.) (2013), 292 Man.R.(2d) 174 (Q.B.), refd to. [para. 52].

R. v. Connolly (J.C.) (2015), 324 Man.R.(2d) 13; 2015 MBPC 25, refd to. [para. 53].

R. v. Summers (S.), [2014] 1 S.C.R. 575; 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 56].

Counsel:

A. Turner, for the Crown;

K. Jones, for the accused.

This matter was heard before Carlson, P.C.J., of the Manitoba Provincial Court, who delivered the following judgment on September 17, 2015.