R. v. Klyne (G.), 2014 SKQB 62

• Judge: Danyliuk, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 03, 2014
• Jurisdiction: Saskatchewan
• Citations: 2014 SKQB 62;(2014), 439 Sask.R. 214 (QB)

R. v. Klyne (G.) (2014), 439 Sask.R. 214 (QB)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. MR.038

Her Majesty the Queen v. Gregory Klyne

(2013 Q.B.J. No. 14; 2014 SKQB 62)

Indexed As: R. v. Klyne (G.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Danyliuk, J.

March 3, 2014.

Summary:

The drug-addicted Métis accused pled guilty to possession of proceeds of crime (ss. 354 and 355 of the Criminal Code), possession of methamphetamine and possession of cocaine for the purposes of trafficking (ss. 4 and 5(2) of the Controlled Drugs and Substances Act). The accused sought a conditional sentence.

The Saskatchewan Court of Queen's Bench sentenced the accused to 15 months' imprisonment, less one month credit for remand time. The court also made ancillary orders including firearms prohibitions, a DNA order and forfeiture of all seized exhibits including $2,345 in cash.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The drug-addicted Métis accused pled guilty to possession of proceeds of crime (ss. 354 and 355 of the Criminal Code), possession of methamphetamine and possession of cocaine for the purposes of trafficking (ss. 4 and 5(2) of the Controlled Drugs and Substances Act) - The accused sought a conditional sentence - The Saskatchewan Court of Queen's Bench sentenced the accused to 15 months' imprisonment, less one month credit for remand time - Ordinarily a conviction for trafficking in narcotics attracted a sentence that included incarceration - It was important to note that the accused had been compliant with his interim release conditions and had done well under electronic monitoring - However, the offence was grave and serious - The accused was involved in an organized drug-selling enterprise as opposed to occasional selling - The accused's lengthy and serious criminal record could not be ignored - Further, there were convictions for non-compliance with court orders as well as a previous failure to comply with a conditional sentence order - He was on an undertaking when he was arrested on these charges - In suggesting that he had only gotten involved as a dealer to support his own habit, the accused had failed to accept full responsibility for the offence - His sporadic and unsuccessful attempts to kick drugs and his spotty employment and family support record did not serve him well - A conditional sentence was not appropriate - As the accused's 21 days on remand involved his withdrawal from drugs, making it "relatively hard time", the accused was allowed 1.5 to 1 credit for a total of one month credit for remand time.

Criminal Law - Topic 5830.8

Sentencing - Considerations on imposing sentence - Drug and narcotic offences - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences (incl. repeat, dangerous or long-term offenders) - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5842.1

Sentencing - Considerations on imposing sentence - Post-conviction, post-charge or post- discharge conduct - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5846.7

Sentence - Considerations on imposing sentence - Offence committed while accused on recognizance or bail - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5849.16

Sentencing - Considerations on imposing sentence - Addicts - [See Criminal Law - Topic 5720.4 ].

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 5720.4 ].

Criminal Law - Topic 5878

Sentence - Possession, cultivation or production of a narcotic or a controlled drug or substance - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5972

Sentence - Money laundering or proceeds of crime - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. Knott (D.W.), [2012] 2 S.C.R. 470; 433 N.R. 38; 324 B.C.A.C. 1; 551 W.A.C. 1; 2012 SCC 42, refd to. [para. 12].

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 13].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161; 171 D.L.R.(4th) 385, refd to. [para. 22].

R. v. Shawile (A.T.) (2012), 393 Sask.R. 211; 546 W.A.C. 211; 2012 SKCA 51, refd to. [para. 36].

R. v. Aube (D.) et al. (2009), 324 Sask.R. 303; 451 W.A.C. 303; 2009 SKCA 53, refd to. [para. 36].

R. v. Kraft, 2008 SKCA (Sent.Dig.) 36, refd to. [para. 36].

R. v. Lariviere, 2006 SKCA (Sent.Dig.) 40, refd to. [para. 36].

R. v. Liparoti (O.) (2011), 513 A.R. 97; 530 W.A.C. 97; 2011 ABCA 250, refd to. [para. 37].

R. v. Phan (H.H.) et al. (2002), 213 Sask.R. 245; 260 W.A.C. 245; 2002 SKCA 8, refd to. [para. 37].

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161, refd to. [para. 37].

R. v. McIntyre (M.R.) (2012), 405 Sask.R. 28; 563 W.A.C. 28; 2012 SKCA 111, refd to. [para. 37].

R. v. McKenzie (J.J.W.) (2012), 399 Sask.R. 246; 552 W.A.C. 246; 2012 SKCA 92, refd to. [para. 38].

R. v. Bethke (D.) (2013), 427 Sask.R. 135; 591 W.A.C. 135; 2013 SKCA 135, refd to. [para. 39].

R. v. Le (T.C.) (2013), 405 Sask.R. 244; 563 W.A.C. 244; 2013 SKCA 9, refd to. [para. 40].

R. v. Marciszyn (D.) (2013), 415 Sask.R. 288; 2013 SKPC 46, refd to. [para. 41].

R. v. Agecoutay (E.T.) (2012), 410 Sask.R. 217; 2012 SKPC 186, refd to. [para. 41].

R. v. McCallum (A.D.) (2012), 407 Sask.R. 61; 2012 SKPC 162, refd to. [para. 41].

R. v. Severight (T.) (2013), 413 Sask.R. 91; 2013 SKPC 24, refd to. [para. 41].

R. v. Roemer (R.A.) (2011), 374 Sask.R. 151; 2011 SKPC 73, refd to. [para. 41].

R. v. Leitner (T.K.) (2013), 411 Sask.R. 79; 2013 SKQB 1, refd to. [para. 42].

Counsel:

Allicia D. Hunter, for the Crown;

Peter A. Abrametz, for the accused.

This matter was heard by Danyliuk, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following sentencing judgment on March 3, 2014.