R. v. Grant,

• Jurisdiction: Manitoba
• Judge: Scurfield, J.
• Neutral Citation: 2007 MBQB 135
• Date: 17 May 2007
• Court: Court of Queen's Bench of Manitoba (Canada)

R. v. Grant (I.M.) (2007), 216 Man.R.(2d) 219 (QB)

MLB headnote and full text

Temp. Cite: [2007] Man.R.(2d) TBEd. JN.019

Her Majesty The Queen v. Ian Matthew Grant (accused)

(CR 06-01-26586; 2007 MBQB 135)

Indexed As: R. v. Grant (I.M.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Scurfield, J.

May 17, 2007.

Summary:

The accused was found guilty of three charges of trafficking in a controlled substance, one charge of extortion and four charges of possession of property obtained by crime.

The Manitoba Court of Queen's Bench imposed two 11 year sentences and one seven year sentence, all concurrent, for the three drug offences, four years consecutive for the extortion charge, and one year concurrent on each of the charges of possession of property obtained by crime. The total sentence was 15 years' incarceration, against which the accused was given credit of 30 months for pretrial custody. With respect to $63,040 which was found in a safety deposit box, the court ordered that $6,500 in recorded money be returned to the R.C.M.P. and that the balance be forfeited pursuant to s. 462.37(2) of the Criminal Code. The court also ordered the accused to pay a fine of $118,833.21 pursuant to s. 462.37(3) of the Code. In default of payment, the accused would serve two years' incarceration consecutive to the 15 year sentence imposed.

Criminal Law - Topic 1987

Offences against property - Possession or laundering of proceeds of crime - Forfeiture order (incl. fine in lieu of) - [See Criminal Law - Topic 5621.1 ].

Criminal Law - Topic 5621.1

Punishments (sentence) - Forfeiture orders - Fine instead of forfeiture - The accused was found guilty of three charges of trafficking in a controlled substance, one charge of extortion and four charges of possession of property obtained by crime - The accused was a sophisticated trafficker at a high level - The trafficking convictions were based on two sales of one kilogram of crystal methamphetamine and a third sale of one kilogram of cocaine - The extortion charge was based on the accused's use of threats of violence to collect an alleged drug debt - The charges of possession of property obtained by crime were based on the fact that the crimes generated proceeds that came into the accused's possession - 33 years old - Prior record, including a conviction for drug trafficking - Member of the Hells Angels - The Manitoba Court of Queen's Bench imposed two 11 year sentences and one seven year sentence, all concurrent, for the three drug offences, four years consecutive for the extortion charge, and one year concurrent on each of the charges of possession of property obtained by crime - The total sentence was 15 years' incarceration, against which the accused was given credit of 30 months for pretrial custody - With respect to $63,040 which was found in a safety deposit box, the court ordered that $6,500 in recorded money be returned to the R.C.M.P. and that the balance be forfeited pursuant to s. 462.37(2) of the Criminal Code - The court also ordered the accused to pay a fine of $118,833.21 pursuant to s. 462.37(3) of the Code (fine in lieu of forfeiture) - In default of payment, he would serve two years' incarceration consecutive to the 15 year sentence imposed.

Criminal Law - Topic 5622

Punishments (sentence) - Forfeiture orders - Proceeds of enterprise crime - [See Criminal Law - Topic 5621.1 ].

Criminal Law - Topic 5633

Punishments (sentence) - Fines, penalties and compensation orders - Fine - Where forfeiture not available - [See Criminal Law - Topic 5621.1 ].

Criminal Law - Topic 5830.8

Sentencing - Considerations on imposing sentence - Drug and narcotic offences - The accused was found guilty of, inter alia, three charges of trafficking in a controlled substance - The convictions were based on two sales of one kilogram of crystal methamphetamine and a third sale of one kilogram of cocaine - In sentencing the accused, the Manitoba Court of Queen's Bench stated that "In the present circumstances, I am satisfied that a person who traffics in a sophisticated manner at a kilogram level should, absent significant mitigating factors, expect no less a penalty than 10 years' incarceration. It should not matter whether that drug is cocaine or methamphetamine. Both are dangerous drugs that must be deterred. The proper sentencing range could easily include 12 years in circumstances where there have been multiple sales and there are no mitigating factors. The proper range is no doubt higher if there is evidence that the trafficker was dealing in multiple kilograms or was an importer or manufacturer of these dangerous drugs" - See paragraph 73.

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or controlled drug or substance (incl. possession for the purpose of trafficking) - [See Criminal Law - Topic 5621.1 and Criminal Law - Topic 5830.8 ].

Criminal Law - Topic 5862

Sentence - Possession of stolen goods or goods obtained by crime - [See Criminal Law - Topic 5621.1 ].

Criminal Law - Topic 5911

Sentence - Extortion - [See Criminal Law - Topic 5621.1 ].

Cases Noticed:

R. v. Hamilton (M.A.) and Mason (D.R.) (2004), 189 O.A.C. 90; 22 C.R.(6th) 1 (C.A.), refd to. [para. 19].

R. v. Seman (R.B.) (1996), 110 Man.R.(2d) 72; 118 W.A.C. 72 (C.A.), consd. [para. 41].

R. v. Lebras (A.J.) (1996), 110 Man.R.(2d) 69; 118 W.A.C. 69 (C.A.), consd. [para. 41].

R. v. Andrews (D.) (1996), 110 Man.R.(2d) 67; 118 W.A.C. 67 (C.A.), consd. [para. 41].

R. v. Garoufalis (T.) (1998), 131 Man.R.(2d) 231; 187 W.A.C. 231; 131 C.C.C.(3d) 242 (C.A.), consd. [para. 46].

R. v. Jenner (J.P.) (2005), 192 Man.R.(2d) 184; 340 W.A.C. 184; 2005 MBCA 44, consd. [para. 52].

R. v. Chen (I.Y.Y.) (2007), 218 Man.R.(2d) 1; 2007 MBQB 74, refd to. [para. 75].

R. v. E.T.P. (2002), 163 Man.R.(2d) 113; 269 W.A.C. 113; 162 C.C.C.(3d) 481; 2002 MBCA 194, refd to. [para. 81].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 81].

R. v. Lavigne (R.), [2006] 1 S.C.R. 392; 346 N.R. 160; 206 C.C.C.(3d) 449; 2006 SCC 10, refd to. [para. 99].

Authors and Works Noticed:

Thomas, D.A., Principles of Sentencing (2nd Ed. 1979), p. 56 [para. 82].

Counsel:

Christopher J. Mainella, Patrick A. Flynn, Brent I. Davidson and Tracey M. Lord, for the Crown;

Z. Ian Garber, for the accused.

This matter was heard before Scurfield, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre. Scurfield, J., delivered an oral decision on May 17, 2007, and the following written reasons on June 7, 2007.