R. v. Taylor (B.M.), 2012 SKQB 292

• Judge: Scheibel, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: July 23, 2012
• Jurisdiction: Saskatchewan
• Citations: 2012 SKQB 292;(2012), 401 Sask.R. 292 (QB)

R. v. Taylor (B.M.) (2012), 401 Sask.R. 292 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. AU.012

Her Majesty the Queen v. Brent Miles Taylor

(2011 Q.B.C. No. 7; 2012 SKQB 292)

Indexed As: R. v. Taylor (B.M.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Scheibel, J.

July 23, 2012.

Summary:

While the accused was a guard at the Regina Provincial Correctional Centre, he was charged with 15 counts which arose from supplying drugs to inmates. He pled guilty to count 14, namely, failing to comply with a condition of an undertaking not to contact a witness. After a trial, he was found guilty on the remaining 14 counts: (1) being an official, he did in connection with the duties of his office, unlawfully commit a breach of trust by bringing contraband tobacco and drugs into the Regina Provincial Correctional Centre; (2) conspiracy to commit the indictable offence of trafficking in a controlled substance to an inmate or inmates at the Regina Provincial Correctional Centre; (3) trafficking in cocaine; (4) trafficking in pethidine (demerol); (5) trafficking in morphine; (6) trafficking in marijuana; (7) trafficking in cannabis resin; (8) possession of cocaine for the purpose of trafficking (9) possession of pethideine (demerol) for the purpose of trafficking; (10) possession of morphine for the purpose of trafficking; (11) possession of marijuana for the purpose of trafficking (12) possession of cannabis resin for the purpose of trafficking; (13) possession of Canadian currency of a value exceeding $5,000 knowing that all or part of the property was obtained directly or indirectly as a result of the commission of the indictable offence of trafficking in a controlled substance; and (15) attempting to obstruct the course of justice in a judicial proceeding by communicating with a witness in a prosecution against him.

The Saskatchewan Court of Queen's Bench directed a judicial stay in respect to counts 8, 9, 10, 11 and 12 based on the Kienapple principle. The court imposed a total sentence of five years' imprisonment. The court also imposed a 10 year weapons prohibition order and a $5,000 fine in lieu of forfeiture with respect to the proceeds of crime under count 13.

Criminal Law - Topic 80

General principles - Res judicata (multiple convictions for same subject matter precluded) - Circumstances when defence may be raised - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - While the accused was a guard at the Regina Provincial Correctional Centre, he was charged with 15 counts which arose from supplying drugs to inmates - He pled guilty to count 14, namely, failing to comply with a condition of an undertaking not to contact a witness - After a trial, he was found guilty on the remaining 14 counts: (1) being an official, he did in connection with the duties of his office, unlawfully commit a breach of trust by bringing contraband tobacco and drugs into the Regina Provincial Correctional Centre; (2) conspiracy to commit the indictable offence of trafficking in a controlled substance to an inmate or inmates at the Regina Provincial Correctional Centre; (3) trafficking in cocaine; (4) trafficking in pethidine (demerol); (5) trafficking in morphine; (6) trafficking in marijuana; (7) trafficking in cannabis resin; (8) possession of cocaine for the purpose of trafficking (9) possession of pethideine (demerol) for the purpose of trafficking; (10) possession of morphine for the purpose of trafficking; (11) possession of marijuana for the purpose of trafficking (12) possession of cannabis resin for the purpose of trafficking; (13) possession of Canadian currency of a value exceeding $5,000 knowing that all or part of the property was obtained directly or indirectly as a result of the commission of the indictable offence of trafficking in a controlled substance; and (15) attempting to obstruct the course of justice in a judicial proceeding by communicating with a witness in a prosecution against him - The accused was 51 years old - No prior criminal record - The Saskatchewan Court of Queen's Bench held that the five counts of possessing drugs for purposes of trafficking and the five counts of trafficking all related to the same drugs - Therefore the same act of the accused grounded each of those counts and there was a sufficient proximity between the offences to invite the rule against multiple convictions - The court directed a judicial stay in respect to counts 8, 9, 10, 11 and 12 based on the Kienapple principle - The court imposed a total sentence of five years' imprisonment - The court also imposed a 10 year weapons prohibition order and a $5,000 fine in lieu of forfeiture with respect to the proceeds of crime under count 13.

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5853

Sentence - Trafficking in hashish or marijuana - Possession for purposes of trafficking - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5857

Sentencing - Sentence - Particular offences - Conspiracy - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5910

Sentencing - Sentence - Particular offences - Obstructing justice - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5952

Sentence - Breach of trust by public officer - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5972

Sentencing - Sentence - Particular offences - Money laundering or proceeds of crime - [See Criminal Law - Topic 5831.1 ].

Cases Noticed:

R. v. Agnant, 2010 QCCS 1831, refd to. [para. 8].

R. v. Eloi, 2009 QCCS 4285, refd to. [para. 8].

R. v. Vézina, 2003 CarswellQue 2303 (C.A.), refd to. [para. 8].

R. v. Domke (M.) (2006), 400 A.R. 112; 2006 ABPC 252, refd to. [para. 8].

R. v. English (2008), 58 C.R.(6th) 354; 2008 QCCQ 5069, refd to. [para. 8].

R. v. Li, [2004] O.J. No. 6269 (Sup. Ct.), refd to. [para. 8].

R. v. Kienapple, [1975] 1 S.C.R. 729; 1 N.R. 322; 44 D.L.R.(3d) 351, appld. [para. 14].

R. v. Lo (T.V.) (2012), 398 Sask.R. 223; 2012 SKQB 239, refd to. [para. 26].

R. v. Kandola (B.S.) et al., [2012] B.C.T.C. Uned. 1042; 2012 BCSC 1042, refd to. [para. 32].

R. v. Shawile (A.T.) (2012), 393 Sask.R. 211; 546 W.A.C. 211; 2012 SKCA 51, refd to. [para. 36].

R. v. Aube (D.) et al. (2009), 324 Sask.R. 303; 451 W.A.C. 303; 2009 SKCA 53, refd to. [para. 36].

R. v. Marosi, 2009 SKCA (SentDig) 12, refd to. [para. 40].

R. v. Kief, 1994 SKCA (SentDig) 76, refd to. [para. 40].

R. v. Jones, 1993 SKCA (SentDig) 33, refd to. [para. 40].

R. v. Nardi, 1990 SKCA (SentDig) 113, refd to. [para. 40].

R. v. Block, 2008 SKCA (SentDig) 16, refd to. [para. 48].

R. v. Cashman, 1999 SKCA (SentDig) 85, refd to. [para. 48].

R. v. Hahn, 1994 SKCA (SentDig) 114, refd to. [para. 48].

R. v. Crane, 1994 SKCA (SentDig) 14, refd to. [para. 48].

R. v. Wailing, 1991 SKCA (SentDig) 118, refd to. [para. 48].

Counsel:

Douglas G. Curliss, Q.C., for the Crown;

James N. Korpan, for the accused.

This matter was heard before Scheibel, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following sentencing decision on July 23, 2012.