R. v. Leitner (T.K.), 2013 SKQB 1

• Judge: Barrington-Foote, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 03, 2013
• Jurisdiction: Saskatchewan
• Citations: 2013 SKQB 1;(2013), 411 Sask.R. 79 (QB)

R. v. Leitner (T.K.) (2013), 411 Sask.R. 79 (QB)

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. JA.014

Her Majesty the Queen v. Tyler Kevin Leitner

(2011 NJ No. 82; 2013 SKQB 1)

Indexed As: R. v. Leitner (T.K.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Barrington-Foote, J.

January 3, 2013.

Summary:

The accused pled guilty to a charge of trafficking in cocaine.

The Saskatchewan Court of Queen's Bench imposed a sentence of 14 months' imprisonment and a weapons prohibition order under s. 109(1) of the Criminal Code.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5850 ].

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5850 ].

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5850 ].

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - An undercover operator gave the accused $240, and in return received 2.4 grams of cocaine - The sale took place in the course of a dial-a-dope operation - The accused pled guilty to a charge of trafficking in cocaine - He was 22 years old at the time of the offence - He had been diagnosed with obsessive-compulsive disorder, attention deficit disorder, and attention deficit hyperactivity disorder - He was employed, in a stable relationship, and had some support - He had a prior record which included one conviction for trafficking in a scheduled substance and convictions for theft and assault - Assessed as a high risk for reoffending - He had continued to use drugs, including cocaine - Defence counsel submitted that a conditional sentence was appropriate - The Saskatchewan Court of Queen's Bench held that a significant jail sentence was called for to denounce the accused's conduct, to deter the accused and others from trafficking in hard drugs and to promote the accused's sense of responsibility for this offence - The court imposed a sentence of 14 months' imprisonment and a weapons prohibition order under s. 109(1) of the Criminal Code.

Cases Noticed:

R. v. Patryluk (S.T.) (2002), 217 Sask.R. 309; 265 W.A.C. 309; 2002 SKCA 33, refd to. [para. 16].

R. v. Aube (D.) et al. (2009), 324 Sask.R. 303; 451 W.A.C. 303; 2009 SKCA 53, refd to. [para. 16].

R. v. Eide (B.R.) (2011), 375 Sask.R. 34; 525 W.A.C. 34; 2011 SKCA 81, refd to. [para. 16].

R. v. Tapaquon (M.) (2009), 339 Sask.R. 118; 2009 SKQB 142, refd to. [para. 16].

R. v. Balon (C.B.) (2009), 335 Sask.R. 255; 2009 SKQB 233, dist. [para. 20].

R. v. McIntyre (M.R.) (2012), 405 Sask.R. 28; 563 W.A.C. 28; 2012 SKCA 111, refd to. [para. 20].

R. v. K.J.P. - see R. v. Pankewich (K.J.).

R. v. Pankewich (K.J.) et al. (2002), 217 Sask.R. 111; 265 W.A.C. 111; 161 C.C.C.(3d) 534; 2002 SKCA 7, refd to. [para. 21].

R. v. Ruda (1992), 100 Sask.R. 159; 18 W.A.C. 159 (C.A.), refd to. [para. 21].

R. v. Dubai (M.A.A.) (2008), 310 Sask.R. 85; 423 W.A.C. 85; 2008 SKCA 49, refd to. [para. 21].

R. v. Shawile (A.T.) (2012), 393 Sask.R. 211; 546 W.A.C. 211; 2012 SKCA 51, refd to. [para. 21].

R. v. Von Hagen (K.) (2008), 314 Sask.R. 77; 435 W.A.C. 77; 2008 SKCA 123, dist. [para. 21].

R. v. Laliberte (M.R.) (2000), 189 Sask.R. 190; 216 W.A.C. 190; 2000 SKCA 27, dist. [para. 21].

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, refd to. [para. 26].

R. v. Sinnott (M.S.), [2001] Sask.R. Uned. 10; 2001 SKCA 13, refd to. [para. 30].

Counsel:

Hal B. Wellsch, for the Crown;

Carson Demmans, for the accused.

This matter was heard before Barrington-Foote, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on January 3, 2013.