R. v. Stacey and Stacey, (1990) 84 Nfld. & P.E.I.R. 134 (NFPC)

• Judge: Handrigan, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: June 21, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 84 Nfld. & P.E.I.R. 134 (NFPC)

R. v. Stacey (1990), 84 Nfld. & P.E.I.R. 134 (NFPC);

    262 A.P.R. 134

MLB headnote and full text

Her Majesty The Queen v. Baxter Stacey and Jayne Stacey

(1989 Nos. 1990, 1991, 2009 and 2010)

Indexed As: R. v. Stacey and Stacey

Newfoundland Provincial Court

Judicial Centre of Grand Bank

Handrigan, P.C.J.

June 21, 1990.

Summary:

A husband and wife pleaded guilty to conspiring with others to smuggle goods into Canada and to evade paying customs duties.

The Newfoundland Provincial Court sentenced the accused accordingly.

Criminal Law - Topic 5802

Sentencing - Concurrent sentences - The accused pleaded guilty to conspiracy to smuggle liquor into Canada and conspiracy to avoid paying customs duties - The Newfoundland Provincial Court sentenced the accused to three months' imprisonment on each offence - Where the charges arose from the same facts it was appropriate to make the sentences concurrent - See paragraph 38.

Criminal Law - Topic 5836

Sentencing - Considerations on imposing sentence - Deterrence - Prevalence of similar crime - The accused pleaded guilty to conspiracy to smuggle liquor into Canada and to avoid paying customs duties - The Newfoundland Provincial Court, on sentencing the accused, stated that the fact that a particular offence was increasing in incidence would often attract a greater penalty - The court considered the increasing frequency of smuggling an aggravating circumstance and held that general deterrence must be the primary consideration on sentence in the case - See paragraphs 25 to 27 and 36.

Criminal Law - Topic 5857

Sentence - Conspiracy - To smuggle and avoid paying duty - A middle-aged husband and wife were minor participants in a conspiracy to smuggle liquor into Canada - Small profit but involvement increasing - Sales mainly to friends and relatives - Both pleaded guilty and were remorseful - Husband, a carpenter with the provincial government, began the involvement - Wife, owned a small convenience store, involved when husband absent by accepting deliveries or taking orders - The Newfoundland Provincial Court sentenced the husband to three months' imprisonment concurrent for conspiracy to smuggle and conspiracy to avoid paying duty and two years' probation; and fined the wife $500 for each offence and one year's probation.

Criminal Law - Topic 5857

Sentence - Conspiracy - The Newfoundland Provincial Court stated that the sentence for conspiracy is the "same punishment as that to which an accused guilty of that offence would, on conviction, be liable" - "While conspiracy stands alone as a separate offence and does not merge with the substantive offence, the appropriate sentencing range is more compatible with the indictable offence which is the objective of the agreement between the conspirators and the conspiracy ... is neither intrinsically nor inherently more culpable than the substantive offence" - See paragraphs 18 to 20.

Customs - Topic 8205

Offences and penalties - Penalties - Smuggling and avoidance of customs duties - Conspiracy - [See Criminal Law - Topic 5802].

Customs - Topic 8205

Offences and penalties - Penalties - Smuggling and avoidance of customs duties - Conspiracy - [See Criminal Law - Topic 5836].

Customs - Topic 8205

Offences and penalties - Penalties - Smuggling and avoidance of customs duties - Conspiracy - [See first and second Criminal Law - Topic 5857].

Cases Noticed:

R. v. Kotyszyn (1949), 8 C.R. 246; 95 C.C.C. 261 (Que. C.A.), refd to. [para. 15].

R. v. Morrissette (1970), 1 C.C.C.(2d) 307; 12 C.R.N.S. 392, refd to. [para. 22].

R. v. O'Neill (1973), 4 Nfld. & P.E.I.R. 473 (Nfld. S.C.), refd to. [para. 36].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 465 [para. 15]; sect. 465(1)(c) [paras. 2, 18, 38].

Customs Act, S.C. 1986, c. 1, sect. 153(c), sect. 159 [paras. 2, 19, 38]; sect. 160 [para. 19].

Counsel:

D. MacBeath, for the Crown;

W. Dymond, for the accused.

This case was heard before Handrigan, P.C.J., of the Newfoundland Provincial Court, Judicial Centre of Grand Bank, who delivered the following judgment on June 21, 1990.