R. v. Romero (C.I.), (2009) 241 Man.R.(2d) 199 (QB)

• Judge: Hanssen, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 16, 2009
• Jurisdiction: Manitoba
• Citations: (2009), 241 Man.R.(2d) 199 (QB);2009 MBQB 167

R. v. Romero (C.I.) (2009), 241 Man.R.(2d) 199 (QB)

MLB headnote and full text

Temp. Cite: [2009] Man.R.(2d) TBEd. JN.053

Her Majesty The Queen v. Carlos Ivan Romero (accused)

(CR 08-01-28485; 2009 MBQB 167)

Indexed As: R. v. Romero (C.I.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Hanssen, J.

June 16, 2009.

Summary:

The accused pleaded guilty to one count of possession of cocaine for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act and one count of possession of a loaded restricted firearm without having an authorization or a licence to possess it contrary to s. 95(1)(a) of the Criminal Code. The matter proceeded to sentencing.

The Manitoba Court of Queen's Bench imposed a total sentence of four and one-half years' imprisonment.

Criminal Law - Topic 5830.8

Sentencing - Considerations on imposing sentence - Drug and narcotic offences - The Manitoba Court of Queen's Bench stated that "Drug abuse is a serious problem in society today. A great deal of pain, heartache and other harm accompanies it. One way to combat drug abuse is to reduce the supply of drugs. One way to reduce the supply of drugs is to ensure that sentences even for first time offenders serve as a real deterrent to potential drug traffickers" - See paragraph 9 - The court stated further that it agreed with the Crown that "... a sentence in the range of four years for possession of cocaine for the purpose of trafficking is appropriate even for a young first time offender" - See paragraph 14.

Criminal Law - Topic 5799

Punishments (sentence) - Prohibition orders - Respecting firearms, etc. - [See Criminal Law - Topic 5850 ].

Criminal Law - Topic 5848.8

Sentencing - Considerations - First offence - [See Criminal Law - Topic 5830.8 ].

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - The police found cocaine valued at approximately $32,000 and a loaded handgun in the accused's apartment - The gun belonged to someone else - The accused pleaded guilty to possession of cocaine for the purpose of trafficking and to possession of a loaded restricted firearm without having an authorization or a licence - The accused was a 28 year old immigrant - No prior record - Grade 12 education - No trade, but had worked at various jobs - Supportive family - Remorseful - Good candidate for rehabilitation - The Manitoba Court of Queen's Bench agreed with the Crown that a sentence in the range of four years for possession of cocaine for the purpose of trafficking was appropriate even for a young first time offender; however, the court ruled that a slightly more lenient sentence was justified in the circumstances of this case - The court imposed a sentence of three and one-half years' imprisonment on the possession of cocaine count and one year for the restricted firearm offence to be served consecutively - In addition the court imposed a lifetime prohibition on possession of restricted or prohibited firearms and weapons and prohibited ammunition.

Criminal Law - Topic 5871

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

Cases Noticed:

R. v. Gilchrist (R.) (2004), 184 Man.R.(2d) 23; 318 W.A.C. 23; 2004 MBCA 21, refd to. [para. 14].

R. v. Deol (R.S.) (2006), 205 Man.R.(2d) 104; 375 W.A.C. 104 (C.A.), refd to. [para. 14].

Counsel:

Michael Foote, for the Crown;

Jeffrey J. Gindin, for the accused.

This matter was heard before Hanssen, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on June 16, 2009.