R. v. Kwong (C.F.), (2013) 286 Man.R.(2d) 93 (QB)

• Judge: Perlmutter, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: January 09, 2013
• Jurisdiction: Manitoba
• Citations: (2013), 286 Man.R.(2d) 93 (QB);2013 MBQB 1

R. v. Kwong (C.F.) (2013), 286 Man.R.(2d) 93 (QB)

MLB headnote and full text

Temp. Cite: [2013] Man.R.(2d) TBEd. JA.021

Her Majesty The Queen v. Corey For Kwong (accused)

(CR 10-01-30720; 2013 MBQB 1)

Indexed As: R. v. Kwong (C.F.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Perlmutter, J.

January 9, 2013.

Summary:

The accused pled guilty to possession of cannabis marijuana for the purpose of trafficking and possession of a taser without a licence. Following a trial, he was also convicted of possession of cocaine and ecstasy, both for the purpose of trafficking, and possession of counterfeit money (see 278 Man.R.(2d) 266).

The Manitoba Court of Queen's Bench imposed a sentence of four years' incarceration. The court also imposed a DNA order and a weapons prohibition order and ordered the forfeiture of the taser, the counterfeit money, all drugs, and drug-related paraphernalia.

Criminal Law - Topic 5802

Sentencing - General - Concurrent sentences - [See Criminal Law - Topic 5853 ].

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 5853 ].

Criminal Law - Topic 5853

Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking) - A search warrant was executed at a townhouse occupied by the accused - The accused pled guilty to possession of cannabis marijuana for the purpose of trafficking and possession of a taser without a licence - Following a trial, he was also convicted of possession of cocaine and ecstasy, both for the purpose of trafficking, and possession of counterfeit money (16 $20 bills) - Sgt. Atkins, an expert with respect to the Winnipeg drug trade, estimated the value of the marijuana at $12,000 to $18,000; the value of the ecstasy at $37,000 if sold individually on the street and less if sold in larger amounts; and the value of the crack cocaine at $35,000 if sold in ¼ gram rocks and less if sold in larger amounts - The accused was 39 years old - He was 32 at the time of the offences - He had no prior criminal record - He had not re-involved himself in the seven years since his arrest - He had supportive family and friends - Assessed as a low risk to reoffend - The Manitoba Court of Queen's Bench found that the drugs were not simply being stashed in the townhouse and this was part of a distribution scheme - At a minimum, the accused was a party to a mid-level trafficking operation - His involvement was driven by profit and not addiction - The court imposed a sentence of four years' incarceration concurrent for the three counts of possession for the purpose of trafficking - The court held that the offences of possession of a taser and possession of counterfeit money had a sufficient link to the drug offences to attract concurrent sentences - The court also imposed a DNA order and a weapons prohibition order and ordered the forfeiture of the taser, the counterfeit money, all drugs, and drug-related paraphernalia.

Criminal Law - Topic 5871

Sentence - Possession and use or sale of weapons or ammunition - [See Criminal Law - Topic 5853 ].

Criminal Law - Topic 5872

Sentence - Counterfeiting or passing or possessing counterfeit money - [See Criminal Law - Topic 5853 ].

Cases Noticed:

R. v. Rocha (S.) (2009), 236 Man.R.(2d) 213; 448 W.A.C. 213; 2009 MBCA 26, refd to. [para. 9].

R. v. Champagne (D.A.) (2000), 148 Man.R.(2d) 104; 224 W.A.C. 104; 2000 MBCA 66, refd to. [para. 14].

R. v. Luff (M.P.) (2002), 170 Man.R.(2d) 117; 285 W.A.C. 117; 2002 MBCA 173, refd to. [para. 14].

R. v. Felipe (M.C.) (2004), 187 Man.R.(2d) 159; 330 W.A.C. 159; 2004 MBCA 106, refd to. [para. 14].

R. v. Kwok, [2005] M.J. No. 509, refd to. [para. 14].

R. v. Ramos (Z.M.) (2007), 214 Man.R.(2d) 280; 395 W.A.C. 280; 2007 MBCA 87, refd to. [para. 14].

R. v. Roy (A.) (2009), 244 Man.R.(2d) 278; 2009 MBQB 234, refd to. [para. 14].

R. v. Viznaugh (T.D.) (2010), 249 Man.R.(2d) 118; 2010 MBQB 17, refd to. [para. 14].

R. v. Tarnowski (D.J.) (2010), 257 Man.R.(2d) 139; 2010 MBQB 218, refd to. [para. 14].

R. v. Deleon (B.) (2011), 266 Man.R.(2d) 284; 2011 MBQB 165, refd to. [para. 14].

R. v. Traimany (P.) (2011), 270 Man.R.(2d) 291; 524 W.A.C. 291; 2011 MBCA 104, refd to. [para. 23].

R. v. Brown (T.C.) (2012), 280 Man.R.(2d) 205; 548 W.A.C. 205; 2012 MBCA 60, refd to. [para. 27].

R. v. Coss (T.A.) (2012), 285 Man.R.(2d) 89; 2012 MBQB 272, refd to. [para. 28].

R. v. Biagaber (A.T.) (2011), 265 Man.R.(2d) 195; 2011 MBQB 153, refd to. [para. 35].

R. v. Johnson (E.F.) (2007), 212 Man.R.(2d) 237; 389 W.A.C. 237; 2007 MBCA 14, refd to. [para. 36].

R. v. Sem (S.) (2005), 197 Man.R.(2d) 47; 2005 MBQB 208, refd to. [para. 36].

R. v. Arbuthnot (S.M.) (2009), 245 Man.R.(2d) 244; 466 W.A.C. 244; 2009 MBCA 106, refd to. [para. 40].

Counsel:

K. Mark Lafreniere, for the Crown;

Daniel V. Gunn, for the accused.

This matter was heard before Perlmutter, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on January 9, 2013.