R. v. Munilla and Santorelli, (1986) 38 Man.R.(2d) 79 (CA)

• Judge: Hall, Philp and Twaddle, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: January 15, 1986
• Jurisdiction: Manitoba
• Citations: (1986), 38 Man.R.(2d) 79 (CA)

R. v. Munilla (1986), 38 Man.R.(2d) 79 (CA)

MLB headnote and full text

R. v. Munilla and Santorelli

(Suit Nos. 362/85, 363/85)

Indexed As: R. v. Munilla and Santorelli

Manitoba Court of Appeal

Hall, Philp and Twaddle, JJ.A.

January 15, 1986.

Summary:

Munilla was sentenced to 3.5 years' imprisonment for each of two charges of conspiracy to traffic in cocaine and possession of cocaine for the purpose of trafficking. The sentences were to be served concurrently. Santorelli was sentenced to 18 months on a charge of possession of cocaine for the purpose of trafficking. The Crown appealed both sentences.

The Manitoba Court of Appeal allowed the Crown's appeal respecting Munilla, but dismissed the appeal respecting Santorelli.

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic - The accused was convicted of conspiracy to traffic in cocaine and possession of cocaine for the purpose of trafficking - The charges arose out of separate and distinct transactions which occurred while the accused was on judicial interim release for another narcotic offence - He was sentenced to 3.5 years on each charge to be served concurrently - The Manitoba Court of Appeal set aside the concurrent sentence of 3.5 years for the possession charge and in its place substituted a consecutive sentence of 1.5 years - See paragraphs 1 to 5.

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic - The accused was convicted of possession of cocaine for the purpose of trafficking - The Manitoba Court of Appeal affirmed an 18 month sentence which was on the lower end of the scale for such offences, where the accused did not profit from the transaction - See paragraphs 6, 7.

Cases Noticed:

R. v. Chisholm, [1965] 4 C.C.C. 289, appld. [para. 4].

Counsel:

P.M. Kremer, for the appellant;

J.J. Gindin, for the respondent Munilla;

P.D.M. Smith, for the respondent Santorelli.

This appeal was heard before Hall, Philp and Twaddle, JJ.A., of the Manitoba Court of Appeal. The following decision of the Court of Appeal was delivered by Hall, J.A., on January 15, 1986: