R. v. Pilkington (C.), (2015) 313 Man.R.(2d) 51 (QB)

• Judge: Suche, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: January 07, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 313 Man.R.(2d) 51 (QB);2015 MBQB 2

R. v. Pilkington (C.) (2015), 313 Man.R.(2d) 51 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. JA.024

Her Majesty The Queen v. Colleen Pilkington (accused)

(CR 12-01-31959; 2015 MBQB 2)

Indexed As: R. v. Pilkington (C.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Suche, J.

January 7, 2015.

Summary:

The 62 year old accused was convicted of 10 counts of possession of a variety of pharmaceuticals for the purpose of trafficking. The drugs involved included oxycodone, morphine, percocet, and hydromorphone (Schedule I of the Controlled Drugs and Substances Act) and diazepam, lorazepam, temazepam, and alprazolam (Schedule IV). The street value was just under $20,000. The accused was also convicted of possession of the proceeds of crime ($15,520) (count 11).

The Manitoba Court of Queen's Bench sentenced the accused to 30 months' imprisonment concurrent for each of the Schedule I counts and count 11 and six months concurrent on the remaining counts. The victim fine surcharge was set at $1,100 with 12 months to pay. The court also ordered forfeiture of all items seized, a DNA order and a 10 year weapons prohibition.

Criminal Law - Topic 5627

Punishments (sentence) - Fines, penalties and compensation orders - Victim fine surcharge - [See Criminal Law - Topic 5850 ].

Criminal Law - Topic 5830.8

Sentencing - Considerations on imposing sentence - Drug and narcotic offences - [See Criminal Law - Topic 5850 ].

Criminal Law - Topic 5841

Sentencing - Considerations on imposing sentence - Age of accused - [See Criminal Law - Topic 5850 ].

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences - [See Criminal Law - Topic 5850 ].

Criminal Law - Topic 5848.3

Sentencing - Considerations on imposing sentence - Medical - [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) - The 62 year old accused was convicted of 10 counts of possession of a variety of pharmaceuticals for the purpose of trafficking - The drugs involved included oxycodone, morphine, percocet, and hydromorphone (Schedule I of the Controlled Drugs and Substances Act) and diazepam, lorazepam, temazepam, and alprazolam (Schedule IV) - The street value was just under $20,000 - The accused was also convicted of possession of the proceeds of crime ($15,520) (count 11) - The Manitoba Court of Queen's Bench sentenced the accused to 30 months' imprisonment concurrent for each of the Schedule I counts and count 11 and six months concurrent on the remaining counts - The nature and quality of the drugs and the type and purpose of the endeavour were critical factors in sentencing - The accused's home was a "veritable drug boutique" - She was an active participant, motivated by greed, rather than her own addiction - The court treated opioids in sentencing as it would cocaine - The accused's age was not a mitigating factor nor were her medical issues - She had a criminal record dating to 1975 - While there had been a gap since her last conviction in 2000, she had been supplying these drugs since 2007 - This was not a "slip" by an accused who had otherwise mended her ways - Given the accused's refusal to accept responsibility and habit of blaming others, reoffending was a "live concern" - The victim fine surcharge was set at $1,100 with 12 months to pay - While the accused would be incarcerated during this time, she had an income and assets - Waiver was not appropriate.

Cases Noticed:

R. v. Nash (A.W.) (2009), 340 N.B.R.(2d) 320; 871 A.P.R. 320; 240 C.C.C.(3d) 421; 2009 NBCA 7, refd to. [para. 31].

R. v. Kunicki (J.J.) (2014), 303 Man.R.(2d) 278; 600 W.A.C. 278; 2014 MBCA 22, refd to. [para. 32].

R. v. Monaghan (R.S.), [2013] Man.R.(2d) Uned. 50; 2013 MBCA 87, refd to. [para. 33].

R. v. Grammatikos (D.) (2013), 290 Man.R.(2d) 18; 2013 MBQB 44, refd to. [para. 33].

R. v. Paper, 2010 ONCJ 88, refd to. [para. 33].

R. v. Roche (R.P.) (2011), 316 Nfld. & P.E.I.R. 199; 982 A.P.R. 199 (N.L. Prov. Ct.), refd to. [para. 33].

R. v. Dormevil, 2011 ONCJ 323, refd to. [para. 33].

R. v. Pelkey (S.), [2012] O.T.C. Uned. 648; 2012 ONSC 648, refd to. [para. 33].

Counsel:

Omar A. Siddiqui, for the Crown;

Jody L. Ostapiw, for the accused.

This matter was heard by Suche, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on January 7, 2015.