R. v. Rider (D.T.), 2013 MBQB 116

• Judge: Mainella, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 29, 2013
• Jurisdiction: Manitoba
• Citations: 2013 MBQB 116;(2013), 292 Man.R.(2d) 174 (QB)

R. v. Rider (D.T.) (2013), 292 Man.R.(2d) 174 (QB)

MLB headnote and full text

Temp. Cite: [2013] Man.R.(2d) TBEd. JN.017

Her Majesty The Queen v. Devon Timothy Rider (accused)

(CR 11-01-31538; 2013 MBQB 116)

Indexed As: R. v. Rider (D.T.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Mainella, J.

May 29, 2013.

Summary:

The accused pled guilty to possession of cocaine for the purpose of trafficking, possession of a prohibited firearm with ammunition, and possession of a handgun without a licence. The offences arose from the accused's operation of a "stash house" in his mother's basement, where he stored drugs, cash and guns for others involved in a mid-level cocaine operation.

The Manitoba Court of Queen's Bench sentenced the accused to 86 months' imprisonment for possession of cocaine for the purpose of trafficking (less 8 months' credit for pre-sentence custody), 54 months' concurrent for possession of a prohibited firearm with ammunition, and 24 months' concurrent for possession of a handgun without a licence.

Criminal Law - Topic 5662.3

Punishments (sentence) - Imprisonment and parole - Term of imprisonment - Concurrent sentences - The accused pled guilty to possession of cocaine for the purpose of trafficking, possession of a prohibited firearm with ammunition, and possession of a handgun without a licence - The offences arose from the accused's operation of a "stash house" in his mother's basement, where he stored drugs and guns for others involved in a mid-level cocaine operation - The Manitoba Court of Queen's Bench found that the criminal activity of "drugs and guns" was sufficiently interrelated to form part of one single, continuous criminal transaction - The guns that were stockpiled in the basement were not for criminal activity separate and apart from the drugs; they were connected to cocaine trafficking - Accordingly, concurrent sentences were called for - See paragraph 49.

Criminal Law - Topic 5802

Sentencing - General - Concurrent sentences - [See Criminal Law - Topic 5662.3 ].

Criminal Law - Topic 5830.8

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

Criminal Law - Topic 5834

Sentencing - Considerations on imposing sentence - Circumstances tending to increase sentence - The accused pled guilty to possession of cocaine for the purpose of trafficking, possession of a prohibited firearm with ammunition, and possession of a handgun without a licence - The offences arose from the accused's operation of a "stash house" in his mother's basement, where he stored drugs and guns for others involved in a mid-level cocaine operation - Pursuant to s. 95(2)(a)(i) of the Criminal Code, the accused faced a mandatory minimum sentence of three years for possession of a prohibited firearm with ammunition - The Manitoba Court of Queen's Bench stated that "... the fact that the prohibited firearm with ammunition that the accused possessed was a 'tool of the trade', facilitating a significant drug trafficking operation, either as protection or as a stockpile for a time of self-help, moves the range of sentence from the mandatory minimum of three years to between four and six years' imprisonment for a first offender. The fact that the accused also received a commercial benefit for the possession of the prohibited firearm with ammunition moves the dial upward within that range." - See paragraphs 43 to 47.

Criminal Law - Topic 5846.1

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

Criminal Law - Topic 5849.20

Sentencing - Considerations on imposing sentence - Use or possession of firearms - [See Criminal Law - Topic 5834 ].

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - The 21 year old aboriginal accused pled guilty to possession of cocaine for the purpose of trafficking, possession of a prohibited firearm with ammunition, and possession of a handgun without a licence - The offences arose from the accused's operation of a "stash house" in his mother's basement - He was paid to store drugs, cash and guns for others involved in a mid-level cocaine operation - Aggravating factors: drug operation was highly commercial, organized and extensive; motivated by profit; accused was highly trusted; multiple firearms; shotgun with obliterated serial number; firearms were "tools of the trade" to facilitate a serious crime - Mitigating factors: young age; no criminal record; pled guilty; expressed remorse; some prospects for rehabilitation - The Manitoba Court of Queen's Bench held that there should be no difference in sentence on the basis that the accused was an aboriginal - An exemplary sentence that focussed on denunciation and deterrence was required - Accused had decision-making responsibility and was entrusted with the drug operation's inventory - The court sentenced the accused to 86 months' imprisonment for possession of cocaine for the purpose of trafficking (less 8 months' credit for pre-sentence custody), 54 months' concurrent for possession of a prohibited firearm with ammunition, and 24 months' concurrent for possession of a handgun without a licence.

Criminal Law - Topic 5871

Sentence - Possession and use or sale of weapons or ammunition - [See Criminal Law - Topic 5850 ].

Cases Noticed:

R. v. Rocha (S.) (2009), 236 Man.R.(2d) 213; 448 W.A.C. 213; 2009 MBCA 26, refd to. [para. 5].

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. 7].

R. v. Wells (J.W.), [2000] 1 S.C.R. 207; 250 N.R. 364; 250 A.R. 273; 213 W.A.C. 273; 2000 SCC 10, refd to. [para. 7].

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 318 B.C.A.C. 1; 541 W.A.C. 1; 288 O.A.C. 224; 2012 SCC 13, refd to. [para. 7].

R. v. Vermette (I.M.) (2001), 156 Man.R.(2d) 120; 246 W.A.C. 120; 2001 MBCA 64, refd to. [para. 19].

R. v. Wong (A.S.), [2012] O.A.C. Uned. 629; 2012 ONCA 767, refd to. [para. 20].

R. v. Borecky (T.E.) (2013), 336 B.C.A.C. 255; 574 W.A.C. 255; 2013 BCCA 163, refd to. [para. 20].

R. v. Chin (Y.R.) (2009), 457 A.R. 233; 457 W.A.C. 233; 2009 ABCA 226, refd to. [para. 20].

R. v. Dobbin (F.) (2009), 290 Nfld. & P.E.I.R. 78; 896 A.P.R. 78; 2009 NLCA 52, refd to. [para. 20].

R. v. Ramos (Z.M.) (2007), 214 Man.R.(2d) 280; 395 W.A.C. 280; 2007 MBCA 87, refd to. [para. 34].

R. v. Ducharme (W.W.), [2012] Man.R.(2d) Uned. 20; 2012 MBCA 35, refd to. [para. 34].

Reference Re Firearms Act (Can.), [2000] 1 S.C.R. 783; 254 N.R. 201; 261 A.R. 201; 225 W.A.C. 201; 2000 SCC 31, refd to. [para. 39].

R. v. Clayton (W.) et al., [2007] 2 S.C.R. 725; 364 N.R. 199; 227 O.A.C. 314; 2007 SCC 32, refd to. [para. 40].

R. v. Williams (C.) (2009), 248 O.A.C. 323; 95 O.R.(3d) 660; 2009 ONCA 342, refd to. [para. 41].

R. v. Nur (H.) et al., [2011] O.T.C. Uned. 4874; 275 C.C.C.(3d) 330; 2011 ONSC 4874, refd to. [para. 42].

R. v. Morrisey (M.L.) (No. 2), [2000] 2 S.C.R. 90; 259 N.R. 95; 187 N.S.R.(2d) 1; 585 A.P.R. 1; 2000 SCC 39, refd to. [para. 44].

R. v. Guha (M.D.) (2012), 328 B.C.A.C. 303; 558 W.A.C. 303; 2012 BCCA 423, refd to. [para. 44].

R. v. Danvers (Q.) (2005), 201 O.A.C. 138; 199 C.C.C.(3d) 490 (C.A.), refd to. [para. 45].

R. v. Grant (D.) (2006), 213 O.A.C. 127; 81 O.R.(3d) 1 (C.A.), affd. in part [2009] 2 S.C.R. 353; 391 N.R. 1; 253 O.A.C. 124; 2009 SCC 32, refd to. [para. 46].

R. v. Dene (D.) et al., [2010] O.A.C. Uned. 640; 2010 ONCA 796, refd to. [para. 46].

R. v. Chan (J.E.) (2011), 311 N.S.R.(2d) 126; 985 A.P.R. 126; 2011 NSSC 471, refd to. [para. 46].

R. v. Williams, [2007] O.J. No. 1354 (Sup. Ct.), refd to. [para. 46].

R. v. Manning, [2007] O.J. No. 1205 (Sup. Ct.), refd to. [para. 46].

R. v. Noorali (T.), [2010] O.T.C. Uned. 3747; 2010 ONSC 3747, refd to. [para. 46].

R. v. Jarsch - see R. v. Anderson (W.A.) et al.

R. v. Anderson (W.A.) et al. (2007), 239 B.C.A.C. 28; 396 W.A.C. 28; 2007 BCCA 189, refd to. [para. 46].

R. v. Wozny (C.P.) (2010), 262 Man.R.(2d) 75; 507 W.A.C. 75; 2010 MBCA 115, refd to. [para. 49].

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. 51].

Counsel:

Stephen J. Christie, for the Federal Crown;

Michael M. Desautels, for the Provincial Crown;

Michelle S. Bright, for the accused.

This matter was heard before Mainella, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment orally on May 29, 2013.