R. v. Trepanier (T.), (2016) 447 N.B.R.(2d) 386 (PC)

• Judge: Jackson, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: February 18, 2016
• Jurisdiction: New Brunswick
• Citations: (2016), 447 N.B.R.(2d) 386 (PC);2016 NBPC 2

R. v. Trepanier (T.) (2016), 447 N.B.R.(2d) 386 (PC);

    447 R.N.-B.(2e) 386; 1171 A.P.R. 386

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2016] N.B.R.(2d) TBEd. MY.001

Renvoi temp.: [2016] N.B.R.(2d) TBEd. MY.001

Her Majesty The Queen v. Todd Trepanier

(14924113; 2016 NBPC 2; 2016 NBCP 2)

Indexed As: R. v. Trepanier (T.)

Répertorié: R. v. Trepanier (T.)

New Brunswick Provincial Court

Jackson, P.C.J.

April 4, 2016.

Summary:

Résumé:

The 49 year old accused pled guilty to one count each under ss. 86, 99 (weapons trafficking), and 101 of the Criminal Code. Section 99(2) of the Code carried a minimum penalty of three years' imprisonment. The accused asserted that s. 99(2) infringed s. 12 of the Charter in that its application resulted in a grossly disproportionate sentence as applied to him.

The New Brunswick Provincial Court held that imposition of the mandatory minimum sentence provided for in s. 99(2) of the Code violated s. 12 of the Charter. The court invited submissions on whether the section could be justified by s. 1 of the Charter.

Civil Rights - Topic 3829

Cruel and unusual treatment or punishment - What constitutes - Mandatory minimum and consecutive sentences - The 49 year old accused firearms salesman pled guilty to one count each under ss. 86, 99 (weapons trafficking), and 101 of the Criminal Code - Section 99(2) of the Code carried a minimum penalty of three years' imprisonment - The accused had no prior record and was a valued member of the community - He asserted that s. 99(2) infringed s. 12 of the Charter in that its application resulted in a grossly disproportionate sentence as applied to him - The New Brunswick Provincial Court agreed - A proportionate sentence for the accused would be between 12 and 18 months' imprisonment - A mid-range provincial sentence would sufficiently deter not only the accused but others in like situations from dealing with the sales of such inherently dangerous items as firearms and ammunition in a careless or cavalier manner - The court also found that the mandatory sentence violated s. 12 based on a reasonable hypothetical - The court invited submissions on whether the section could be justified by s. 1 of the Charter.

Criminal Law - Topic 5805

Sentencing - General - Statutory range mandatory (incl. mandatory minimum sentence) - [See Civil Rights - Topic 3829 ].

Criminal Law - Topic 5871

Sentence - Possession and use or sale of weapons or ammunition - [See Civil Rights - Topic 3829 ].

Counsel:

Avocats:

J. Guy Savoie, for the Crown;

Patrick Hurley, Q.C., for the defendant.

This sentencing matter was heard on February 18, 2016, by Jackson, P.C.J., of the New Brunswick Provincial Court, Judicial District of Miramichi, who delivered the following decision on April 4, 2016.