R. v. Montes (G.), (1992) 17 B.C.A.C. 31 (CA)

• Judge: Taylor, Proudfoot and Goldie, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: August 14, 1992
• Jurisdiction: British Columbia
• Citations: (1992), 17 B.C.A.C. 31 (CA)

R. v. Montes (G.) (1992), 17 B.C.A.C. 31 (CA);

    29 W.A.C. 31

MLB headnote and full text

Regina (respondent) v. Gilberto Montes, also known as Alberto Tocora (appellant)

(VI00825)

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

British Columbia Court of Appeal

Taylor, Proudfoot and Goldie, JJ.A.

August 14, 1992.

Summary:

The accused was convicted of, inter alia, conspiracy to import narcotics and was sentenced to 12 years' imprisonment. The accused appealed the sentence.

The British Colombia Court of Appeal allowed the appeal and reduced the sentence to eight years' imprisonment.

Criminal Law - Topic 5891

Sentence - Importing narcotics - The 45 year old accused Canadian citizen was born in Colombia and had family there - The accused went to Colombia and arranged to import eight kilos of cocaine (wholesale value of $640,000-800,000) - Accused had no prior involvement in the drug trade - His plan was amateurish and unsophisticated - One prior conviction for theft - 50% of drugs earmarked for his brother - The accused spent 13 months in pretrial custody - The British Colombia Court of Appeal stated that a sentence of 12 years' imprisonment was excessive - The court reduced the sentence to eight years' imprisonment.

Cases Noticed:

R. v. Saulnier, [1988] 2 W.W.R. 546 (B.C.C.A.), refd to. [para. 22].

R. v. Smith (E.D.), [1987] 1 S.C.R. 1045; 75 N.R. 321, refd to. [para. 22].

R. v. Grunwald (1991), 5 B.C.A.C. 106; 11 W.A.C. 106 (C.A.), dist. [para. 26].

R. v. Kent (1991), 5 B.C.A.C. 47; 11 W.A.C. 47 (C.A.), dist. [para. 26].

R. v. Iuculano and Bonelli (1988), 45 C.C.C.(3d) 166 (Que. C.A.), dist. [para. 27].

Counsel:

N. Sacks, for the appellant;

K.J. Yule, for the respondent.

This appeal was heard on August 14, 1992, at Vancouver, B.C., before Taylor, Proudfoot and Goldie, JJ.A., of the British Colombia Court of Appeal.

On August 14, 1992, Proudfoot, J.A., delivered the following judgment orally for the Court of Appeal.