Drug Trafficking, Schedule I, Cocaine, Large (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed January 2024. (Rev. # 90707)

Digests, Over 5oz/151gr

See also: Drug Trafficking, Schedule I, Cocaine (Sentencing Cases) and Drug Trafficking, Schedule I, Cocaine, Small (Sentencing Cases)
Case Name Prv. Crt. Sentence Drug / Quant. Summary
2023
R v Simon, 2023 QCCQ 436 (CanLII), per Galiatsatos J QC   PC
Find summaries of case.
Keywords: None
R v Boudreau, 2023 NSSC 131 (CanLII), per J NS   SC
Find summaries of case.
Keywords: None
R v Hickey, 2023 NSSC 33 (CanLII), per Brothers J NS   SC
Find summaries of case.
Keywords: None
R v Wint, 2023 NSSC 412 (CanLII), per J NS   SC
Find summaries of case.
Keywords: None
R v Chiasson, 2023 NSSC 144 (CanLII), per Norton J NS   SC
Find summaries of case.
Keywords: None
R v Thomas-Hodges, 2023 NSPC 7 (CanLII), per Williams J NS   PC
Find summaries of case.
Keywords: None
2022
R v Hickey, 2022 NSSC 235 (CanLII), per Brothers J NS   SC
Find summaries of case.
Keywords: None
2021
R v Carson, 2021 NSPC 1 (CanLII), per van der Hoek J NS   PC
Find summaries of case.
Keywords: None
2020
R v Heickert, 2020 NSPC 9 (CanLII), per J NS   PC
Find summaries of case.
Keywords: None
R v White, 2020 NSCA 33 (CanLII), per J NS   CA 18 months CSO
Find summaries of case.
Keywords: None
2019
R v Mugford, 2019 NSSC 127 (CanLII), per J NS   SC
Find summaries of case.
Keywords: None
R v Chevrefils, 2019 NSPC 16 (CanLII), per Buckle J NS   PC 10 years imprisonment 250 kg
Find summaries of case.
Keywords: None
R v Leblanc, 2019 NSSC 192 (CanLII), per Rosinski J NS   SC 5 years 210g (7 ounces) cocaine Street value of between $16,800 - $21,000, over $6,000 cash seized - "firmly within category 3 Fifield (large retailer) - related prior record.
Find summaries of case.
Keywords: None
2018
R v Sanchez, 2018 ONSC 1294 (CanLII), per Dunphy J ON   SC 4.5 years (cocaine)
1 year (oxycodone)
9 months (Psilocybin)
6 months (marijuana)

Find summaries of case.
Keywords: None
R v Hobeika, 2018 ONSC 1293 (CanLII), per Dunphy J ON   SC 7.5 years (cocaine)
1.5 yeras (oxycodone)
9 months (psilocybin)
6 months (marijuana)
1 year (proceeds, laundering)

Find summaries of case.
Keywords: None
2017
R v Scharf, 2017 ONCA 794 (CanLII), per curiam ON   CA 5 years (trafficking)
1.5 years (weapons)
236 gr The offender was caught trying to flush cocaine down the toilet.
Find summaries of case.
Keywords: None
R v Carter, 2017 SKQB 74 (CanLII), per Megaw J SK   SC 18 months imprisonment 1 kg cocaine "the accused was convicted of one count of possession of cocaine for purposes of trafficking. At the time of sentencing, Ms. Carter was a 53 year old female with no prior criminal record. Following extensive police surveillance, the accused was found to be in possession of one kilogram of cocaine. This was reported by the Crown to have a value of between $60,000.00 and 80,000.00. The cocaine was found in the accused's car following a search. The accused gave evidence at trial, said she did not know there were any drugs in her vehicle much less that amount of cocaine. This was not accepted. There was no indication that she was involved in the trafficking trade or that she used drugs. In this case, she was acting as a courier to retrieve drugs. Ms. Carter’s involvement as a drug courier was considered to be an aggravating factor in this case. Her age, lack of record, and no prior involvement with drug trafficking were all considered to be mitigating factors. She was sentenced to 18 months’ imprisonment." [1]
Find summaries of case.
Keywords: None
R v Holland, 2017 NSSC 148 (CanLII), per Wright J NS   SC 3.5 years imprisonment (drugs)
5 years imprisonment (firearms)
167 g "The offender had pled guilty to one count of possession of cocaine for the purpose of trafficking contrary to section 5(2) of the CDSA as well as one count of possession of a prohibited or restricted firearm with ammunition contrary to section 95(1) of the Code. A search of the offender’s apartment located 167 g of cocaine, various drug trafficking paraphernalia and a sizable quantity of cash. They also found a 9 mm handgun with ammunition. ... [He] was 36 years old, single but had one child for whom he was paying child support. His parents had separated at an early age and he was raised by his mother, grandmother, his aunt as well as one year in foster care. He had two years of university education and was gainfully employed as a co-owner of two businesses. ...The Pre-Sentence Report was generally positive, and an important mitigating factor was his guilty plea and acceptance of responsibility. However, as an aggravating factor, he had a criminal record of two prior section 5(2) CDSA trafficking convictions and two prior firearm possession convictions under section 91(1) and section 95(1) Code. For those prior offences, which had occurred about 10 years earlier, he had served about three years in jail."
Find summaries of case.
Keywords: None
2016
R v Lu, 2016 ONSC 292 (CanLII), per Parfett J ON   SC "the offender was sentenced on several counts, including possession for the purpose of trafficking. The offences stemmed from a large amount and variety of drugs found in the offender's apartment in 2011, including 522 pills containing fentanyl. The offender had a prior related criminal record, was not an addict, and was trafficking for financial gain. He received a total sentence of five years after credit of seven months for some restrictive bail conditions."[2]
Find summaries of case.
Keywords: None
R v Webster, 2016 BCCA 218 (CanLII), per Frankel JA BC   CA 18 months imprisonment 1 kg cocaine The offender pleaded guilty to possession for the purpose of trafficking. Police were surveilling him and arrested him with about .5 kg of cocaine. His condo had 330 g of cocaine along with drug trafficking paraphernalia such as score sheets, scales, and cash.
Find summaries of case.
Keywords: None
R v Ovid, 2016 ONSC 2974 (CanLII), per Campbell J ON   SC 3.5 years imprisonment 305 grams
Find summaries of case.
Keywords: None
R v Amante, 2016 ONCA 16(*no CanLII links) ON   CA 7 years imprisonment 1 kg cocaine, and other drugs
Keywords: None
R v Buttazzoni and Ramlall, 2016 ONSC 1287 (CanLII), per J ON   SC
Find summaries of case.
Keywords: None
R v Ziaee, 2016 BCSC 1293 (CanLII), per J BC   SC
Find summaries of case.
Keywords: None
2014
R v Wilhite, 2014 ABCA 161 (CanLII), per Martin JA AB   CA 3.5 years imprisonment 8.1 oz Offender was a drug courier. He was seen taking a package of 8.1 oz of cocaine and 1.2 oz of crack cocaine.
Find summaries of case.
Keywords: None
R v Oraha, 2014 ONCA 359 (CanLII), per curiam ON   CA 9 years imprisonment (global) charged with trafficking MDMA, meth, and cocaine
Find summaries of case.
Keywords: None
R v Shields, 2014 NSPC 69 (CanLII), per Derrick J NS   PC
Find summaries of case.
Keywords: None
2013
R v D'Onofrio, 2013 ONCA 145 (CanLII), per J ON   CA
Find summaries of case.
Keywords: None
R v Bacon, 2013 BCCA 396 (CanLII), per Chiasson JA {(2:1) BC   CA
Find summaries of case.
Keywords: None
R v Nagy, 2013 BCCA 419 (CanLII), per Groberman JA BC   CA 4 years 3 kg found trafficking 1kg and was later caught with 2 kg in vehicle. Appeal of 5.5 years allowed for failure to take totality into account.
Find summaries of case.
Keywords: None
R v David, 2013 NSSC 83 (CanLII), per Duncan J NS   SC 4 years, 5 months (global) Sheriff assists in smuggling in drugs (resin, MDMA, cocaine, prescription drugs) into jail for well-known crime figure
Find summaries of case.
Keywords: None
R v Field, 2013 NSPC 51 (CanLII), per Derrick J NS   PC
Find summaries of case.
Keywords: None
2012
R v Huynh, 2012 ABQB 483 (CanLII), per Sullivan J AB   SC 37 months imprisonment 412 gr commercial retailer
Find summaries of case.
Keywords: None
R v GT, 2012 MBQB 135 (CanLII), per McKelvey J MB   SC 36 months imprisonment 30 oz courier
Find summaries of case.
Keywords: None
R v Nestbitt, 2012 BCCA 243 (CanLII), per Chiasson JA BC   CA 2 years less a day CSO 17 kg youthful--let his residence be used as a stash house, made deliveries
Find summaries of case.
Keywords: None
R v Marshall, 2012 ABCA 160 (CanLII), per Watson JA AB   CA 2 years less a day imprisonment 9 oz
Find summaries of case.
Keywords: None
R v Brown, 2012 MBQB 29 (CanLII), per Simonsen J MB   SC 5 years imprisonment 10 oz attempted to purchase cocaine, gang affiliation.
Find summaries of case.
Keywords: None
R v Messervey, 2012 CanLII 2507 (NLSCTD), per Goodridge J NL   SC $20,000 fine + probation 10 oz age 55
Find summaries of case.
Keywords: None
R v Ducharme, 2012 MBCA 35 (CanLII), per Chartier JA MB   CA 5 years imprisonment 1 kg cocaine more than mere courier
Find summaries of case.
Keywords: None
R v Archibald, 2012 CanLII 11927 (NLSCTD), per Adams J NL   SC 2 years less a day CSO (JR) 1 lb cocaine
Find summaries of case.
Keywords: None
R v Momprevil, 2012 ONCA 209 (CanLII), per curiam ON   CA 8 years imprisonment $133k worth also convicted of assault CBH and poss'n marijuana
Find summaries of case.
Keywords: None
R v Kum, 2012 ONSC 1314 (CanLII), per Wein J ON   SC 8 years imprisonment 3 kg
Find summaries of case.
Keywords: None
R v Oraha, 2012 ONSC 1439 (CanLII), per Archibald J ON   SC 9 years imprisonment 3kg also convicted for trafficking in MDMA and methamphetamine.
Find summaries of case.
Keywords: None
R v Dew, 2012 MBQB 28 (CanLII), per Burnett ACJ MB   SC 7 to 12 years 2kg and 10 oz over three deals, age 55
Find summaries of case.
Keywords: None
2011
R v Qureshi, 2011 ABPC 332 (CanLII), per Malin J AB   PC 9 to 10 years 1,331 gr cocaine
1,625 gr meth
506 ecstasy tablets
connections with organized crime; loaded guns found
Find summaries of case.
Keywords: None
R v Burrett, 2011 ONCA 565 (CanLII), per curiam ON   CA 7 years imprisonment 2.5 kg The offence occurred over three transactions; joint recommendation; co-accused got 4 years
Find summaries of case.
Keywords: None
R v Traimany, 2011 MBCA 104 (CanLII), per Chartier JA MB   CA 60 months imprisonment 1 lb
Find summaries of case.
Keywords: None
R v Bryan, 2011 ONCA 273 (CanLII), per curiam ON   CA 5 to 8 years 1 pound of cocaine no record; guilty plea
Find summaries of case.
Keywords: None
2010
R v Calanza, 2010 MBQB 240 (CanLII), per Oliphant J MB   SC 3 years imprisonment $30k worth mid-level dealer
Find summaries of case.
Keywords: None
R v Butt, 2010 NSCA 56 (CanLII), per Bateman JA NS   CA 5 years imprisonment 1.2 kg cocaine "The offender had pled guilty to one count of possession for the purpose of trafficking cocaine. Police intercepted a package which was destined for Mr. Butt’s home address which contained two one-kg bricks of cocaine of significant purity. A search of his house located an additional 196 g of powdered cocaine. He claimed to be acting only as a middleman for others operating at higher levels in the drug trade to distribute cocaine to local traffickers. ...[He] was 35 years old and had a prior drug conviction with a lengthy criminal record who claimed to have been involved in the drug trade only to feed his addiction to cocaine. He had told the trial judge that he had turned his life around, planned to upgrade his education, was regularly employed, now drug-free and was receiving chemotherapy for non-Hodgkin’s lymphoma. A post-sentence report indicated that most of what he had told the trial judge was not true and that he had continued to offend up to the month before the sentencing hearing." [3]
Find summaries of case.
Keywords: None
R v John Preston Kuenzler, 2010 ONSC 4016 (CanLII), per Kiteley J ON   SC 4 years imprisonment 880.32 g cocaine;
15,348.98 g marijuana
other drugs

Find summaries of case.
Keywords: None
R v Oddleifson, 2010 MBCA 44 (CanLII), per J MB   CA
Find summaries of case.
Keywords: None
2009
R v Conway, 2009 NSCA 95 (CanLII), per Bateman JA NS   CA 103g crack cocaine, 264g marihuana 2.5 years imprisonment "mid to high level retailer" - 65 year old with no prior record. Crown appeal from 2 year conditional sentence.
Find summaries of case.
Keywords: None
R v Knickle, 2009 NSCA 59 (CanLII), per Roscoe JA NS   CA 42 months imprisonment 312 g "The offender had pled guilty to charges of having possession of cocaine for the purpose of trafficking contrary to section 5(2) of the CDSA and careless storage of a firearm contrary to section 86(1) of the Criminal Code. A search of his residence located almost 312 g (about 11 ounces) of cocaine, three scales, baggies and 19 firearms, four of which were being stored improperly. The street value of the drugs was between $23,000 and $31,000." "The offender was 43 years old, a divorced single parent with two teenaged children, with grade 9 education who had been involved in the fishing industry until he suffered a serious injury. He had no prior criminal record." [4]
Find summaries of case.
Keywords: None
R v Yakimishyn, 2009 ABQB 162 (CanLII), per Hillier J AB   SC 10.5 years imprisonment 3kg
Find summaries of case.
Keywords: None
R v Byrne, 2009 NLCA 3 (CanLII), per Rowe JA NL   CA 2 years less a day CSO 280 gr cocaine age 29 with no record
Find summaries of case.
Keywords: None
2008
R v Ruggiero, 2008 ONCA 314 (CanLII), per curiam ON   CA 41 months imprisonment 2000 pills of ecstasy; 769.22 grams of cocaine,
including 517.96 grams of crack

Find summaries of case.
Keywords: None
R v Mileos, 2008 BCSC 1833 (CanLII), per Groberman J BC   SC 42 months imprisonment Cocaine 52.3 kg no record; age 43
Find summaries of case.
Keywords: None
R v Nero, 2008 ONCA 622 (CanLII), per curiam ON   CA 8 years imprisonment 3kg overturned sentence of 5 years; involved three offences: two instances of trafficking 1kg each, and possession of 1 kg for purpose; age 31, unrelated record, guilty plea.
Find summaries of case.
Keywords: None
R v Hein, 2008 BCCA 230 (CanLII), per Smith JA BC   CA 44 months imprisonment 6.5 kilos cooperated with police
Find summaries of case.
Keywords: None
R v Steeves, 2007 NSCA 130 (CanLII), per Oland JA NS   CA 2.5 years 77g cocaine, 100 ecstasy pills "amounts in his possession were ….sufficient to take him outside the lower categories of drug traffickers described in R v. Fifield" - minor unrelated prior record. Crown appeal from 2 year conditional sentence
Find summaries of case.
Keywords: None
2006
R v Epp, 2006 BCCA 570 (CanLII), per Low JA BC   CA 10 years imprisonment 100 kilos
Find summaries of case.
Keywords: None
R v Bremner, 2006 NSSC 367 (CanLII), per Goodfellow J NS   SC 4 years imprisonment unknown Offender was involved in trafficking cocaine while incarcerated. Record: long record with 29 convictions, including those for drugs, violence and breaches Orders: Lifetime firearms prohibition. Comments: sentence is consecutive to sentence currently being served.
Find summaries of case.
Keywords: None
R v Snow, 2006 ABCA 167 (CanLII), per Costigan JA AB   CA 5 years imprisonment 53 spitballs of cocaine, 12 oz of hard cocaine,
two oz powder cocaine , 6 spit balls of methamphetamine,
and one ounce of methamphetamine

Find summaries of case.
Keywords: None
2005
R v Vautour, 2005 NBQB 417 (CanLII), per McLellan J NB   SC 3 years imprisonment 10 oz cocaine
Find summaries of case.
Keywords: None
R v Patel, 2005 BCPC 442 (CanLII), per Couto J BC   PC 2 years imprisonment 1.8 kilo cocaine plus pills
Find summaries of case.
Keywords: None
2004
R v Szczerba, 2004 ABCA 301 (CanLII), per Fruman JA AB   CA 10 oz cocaine 30 months imprisonment
Find summaries of case.
Keywords: None
R v Messervey,
2004 NSPC 58 (CanLII), [2004] N.S.J. No 520 (PC), per Tufts J
NS   PC 2 years less a day CSO "small amounts" "The accused in Messervey was 21 years old, had no prior record, and over a period of four days acted as a courier delivering small amounts of cocaine for which he received no share in the profit. In the two years between the date of the offence and the sentencing he had abided by the terms of his release and commenced an employment training course, all of which led the sentencing judge to conclude that there were exceptional circumstances justifying a two-year less a day conditional sentence. " [5]
Find summaries of case.
Keywords: None
R v Macias, , [2003] OJ No 5564 (S.C.)(*no CanLII links) ON   SC 5 years imprisonment 1.3 kg no record, deep remorse, no personal remuneration
Keywords: None
R v McCrae, 2003 ABPC 93 (CanLII), per Sully J AB   PC 15 months imprisonment 4 ounces of crack cocaine
Find summaries of case.
Keywords: None
R v Bajada,
2003 CanLII 15687 (ON CA), 173 CCC (3d) 255, per Weiler JA
ON   CA 6 years 0.5 Kg cocaine age 51; long record
Find summaries of case.
Keywords: None
R v Dann, 2002 NSSC 237 (CanLII), per MacDonald ACJ NS   SC 4.5 years imprisonment 300 g "The offender was found guilty following a trial of possessing 300 g of powdered cocaine for the purpose of trafficking. The offender was 27 years old, engaged to be married and did not have an extensive prior criminal record, although there was a prior conviction for possession of narcotics. The Court accepted a joint recommendation for a 4 ½ year sentence of imprisonment and noted that the Nova Scotia Court of Appeal had “consistently emphasized the need for general deterrence” as the primary consideration in the sentencing of a drug trafficker" [6]
Find summaries of case.
Keywords: None
R v DEM, 2002 NWTSC 89(*no CanLII links) NW SC 30 months imprisonment 10 oz cocaine admits to being courier; 18 years old
Keywords: None
R v Pankewich, 2002 SKCA 7 (CanLII), per Jackson JA SK   CA 2 years less a day imprisonment 10 oz / 1 lb two co-accused
Find summaries of case.
Keywords: None
R v Henderson, 2002 ABQB 442 (CanLII), per Burrows J AB   SC 3.5 years imprisonment 1 kg and 40 oz gun present; courier; on bail for 5 years
Find summaries of case.
Keywords: None
R v Chaves,
2002 SKQB 4 (CanLII), [2002] S.J. No 63 (S.C.), per McLellan J
SK   SC 2 years less a day CSO 1 lb and 10 oz large commercial enterprise; middleman; no record
Find summaries of case.
Keywords: None
R v Clough, 2001 BCCA 613 (CanLII), per Donald JA BC   CA 12 month CSO 9 oz cocaine
Find summaries of case.
Keywords: None
R v Salazar, [2000] OJ No 4974(*no CanLII links) ON   ? 8 mo. CSO 8 oz
Keywords: None
R v Lobon-Valencia, 1999 BCCA 315 (CanLII), per Goldie JA BC   CA three years after remand time 6 kilos of cocaine
Find summaries of case.
Keywords: None
R v Ellrodt, 1999 BCCA 57 (CanLII), per Southin JA BC   CA 2 years less a day CSO quarter pound of cocaine
Find summaries of case.
Keywords: None
R v Aguilera,
1998 CanLII 4115 (ON CA), 105 OAC 366 (CA), per curiam
ON   CA 6 years imprisonment 3 kg no record, considered the “lower end” of the range
Find summaries of case.
Keywords: None
R v Mong, 1998 CanLII 4899 (BC CA), per Prowse JA BC   CA 3 years imprisonment 17.8 oz cocaine
Find summaries of case.
Keywords: None
R v Bui, 1997 CanLII 3394 (BC CA), per Hall JA BC   CA 2 years less a day imprisonment 27 oz cocaine
Find summaries of case.
Keywords: None
R c Robillard,
1996 CanLII 5984 (QC CA), per curiam
QC   CA 16 years imprisonment 1,454 kg cocaine
1,730 kg resin
convicted of importing possession, and trafficking of "enormous" qualities of drugs
Find summaries of case.
Keywords: None
R v Stokes, 1993 NSCA 195 (CanLII), per Roscoe JA NS   CA approximately 6 ounces of cocaine sold cocaine to undercover officer. "more than a petty retailer". He had a lengthy prior record
Find summaries of case.
Keywords: None
R v Smith, 1992 NSCA 73 (CanLII), per Matthews JA NS   CA 5 years imprisonment 28.75g crack cocaine, 372g powder cocaine
Find summaries of case.
Keywords: high scale retailer — appeal from 2.5 years — unrelated record
1991
R v Carvery, 1991 CanLII 2475 (NSCA), per Freeman JA NS   CA 5 years imprisonment 184 g (6.5 oz) An appeal from sentence of 3 years.
Find summaries of case.
Keywords: high level retailer — no record
1990
R v Cavuoti, , [1990] OJ No 17 (CA)(*no CanLII links) ON   CA 6 years imprisonment 5 lb (2.27kg)
Keywords: unrelated record
1978
R v Fifield, 1978 CanLII 812 (NS CA) NS   CA
Find summaries of case.
Keywords: None
R v Malanca, 2007 ONCA 859 (CanLII), per Laforme J ON   CA
Find summaries of case.
Keywords: None
R v Majnoon, 2009 ONCA 876 (CanLII), per J ON   CA
Find summaries of case.
Keywords: None