R. v. McIntyre (M.R.),

• Jurisdiction: Saskatchewan
• Judge: Vancise, Richards and Caldwell, JJ.A.
• Neutral Citation: 2012 SKCA 111
• Court: Court of Appeal (Saskatchewan)
• Date: 06 September 2012
• Citation: (2012), 405 Sask.R. 28 (CA),2012 SKCA 111,[2012] SJ No 722 (QL),405 Sask R 28,405 SaskR 28,405 Sask.R. 28,(2012), 405 SaskR 28 (CA),[2012] S.J. No 722 (QL)

R. v. McIntyre (M.R.) (2012), 405 Sask.R. 28 (CA);

    563 W.A.C. 28

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. DE.002

Michael Ray McIntyre (appellant) v. Her Majesty the Queen (respondent)

(CACR2151; 2012 SKCA 111)

Indexed As: R. v. McIntyre (M.R.)

Saskatchewan Court of Appeal

Vancise, Richards and Caldwell, JJ.A.

November 27, 2012.

Summary:

The accused pled guilty to one count of trafficking cocaine and one count of possession of the proceeds of crime. He was sentenced to 14 months in jail. The accused appealed, submitting that the sentencing judge erred by failing to impose a conditional sentence and, alternatively, that his jail sentence was too long.

The Saskatchewan Court of Appeal held that the sentencing judge did not err in refusing to impose a conditional sentence. However, the court held that the sentence imposed was too long. The court reduced the sentence from 14 months to 10 months in jail.

Criminal Law - Topic 5720.4

Sentencing - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5972 ].

Criminal Law - Topic 5849.16

Sentencing - Considerations on imposing sentence - Addicts - The Saskatchewan Court of Appeal stated that "an offender's motivation for trafficking is only one of the factors that bears on the determination of an appropriate sentence. ... the fact that an offender is an addict is a relevant, and obviously sometimes very important, sentencing consideration. However, an addiction does not automatically give a drug trafficker an entitlement to a conditional sentence. As noted, s. 718.1 of the Code requires that, as the fundamental consideration, a sentence must not only be proportional to the degree of the responsibility of the offender. It must also be proportional to the gravity of the offence. The fitness of a sentence must always be determined by reference to the objectives and principles of sentencing set out in the Code and the full range of factual considerations that might be relevant in light of those objectives and principles" - See paragraphs 29 to 30.

Criminal Law - Topic 5849.16

Sentencing - Considerations on imposing sentence - Addicts - [See Criminal Law - Topic 5972 ].

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 5972 ].

Criminal Law - Topic 5972

Sentence - Money laundering or proceeds of crime - The accused sold one gram of cocaine to an undercover officer in each of two transactions on the same date - He was stopped by police and had $280 in his possession - The accused pled guilty to one count of trafficking cocaine and one count of possession of the proceeds of crime - His only previous conviction was for mischief - He was sentenced to 14 months in jail - The accused appealed, submitting that the sentencing judge erred by failing to impose a conditional sentence and, alternatively, that the sentence was too long - The accused submitted that the sentencing judge erred by failing to properly appreciate that his involvement in trafficking was a function of a cocaine addiction, by over-emphasizing the principles of denunciation and deterrence and by interpreting the Court of Appeal decisions as meaning that, if an offender was convicted of trafficking in cocaine, a conditional sentence was available only in "unique circumstances" - The Saskatchewan Court of Appeal held that the sentencing judge did not err in refusing to impose a conditional sentence - However, the court held that the sentence imposed was too long - The 25 year old accused had no meaningful record, he had been a productive member of society, and he had taken steps to turn his life around - The court reduced the sentence from 14 months to 10 months in jail.

Cases Noticed:

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; 2000 SCC 5, refd to. [para. 19].

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. 22].

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. 28].

R. v. Shawile (A.T.) (2012), 393 Sask.R. 211; 546 W.A.C. 211; 2012 SKCA 51, refd to. [para. 28].

R. v. Ruda (1992), 100 Sask.R. 159; 18 W.A.C. 159 (C.A.), refd to. [para. 36].

R. v. Dubai (M.A.A.) (2008), 310 Sask.R. 85; 423 W.A.C. 85; 2008 SKCA 49, 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. McCallum (E.J.) (2007), 302 Sask.R. 298; 411 W.A.C. 298; 2007 SKCA 139, refd to. [para. 36].

R. v. Von Hagen (K.) (2008), 314 Sask.R. 77; 435 W.A.C. 77; 2008 SKCA 123, refd to. [para. 37].

R. v. Sinnott (M.S.), [2001] Sask.R. Uned. 10; 2001 SKCA 13, refd to. [para. 37].

R. v. Laliberte (M.R.) (2000), 189 Sask.R. 190; 216 W.A.C. 190; 143 C.C.C.(3d) 503; 2000 SKCA 27, refd to. [para. 37].

R. v. Kraft, 2008 SKCA (SentDig) 36, refd to. [para. 38].

R. v. Patryluk (S.T.) (2002), 217 Sask.R. 309; 265 W.A.C. 309; 2002 SKCA 33, refd to. [para. 40].

Counsel:

Andrew Hitchcock, for the appellant;

Andrea Newsham, for the respondent.

This appeal was heard on September 6, 2012, before Vancise, Richards and Caldwell, JJ.A., of the Saskatchewan Court of Appeal. The following judgment of the Court of Appeal was delivered by Richards, J.A., on November 27, 2012.