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R. v. Osei, 2004 CanLII 25984 (ON CA)

January 14, 2004|Cited 8x

R. v. Osei, 2004 CanLII 25984 (ON CA)

Case Summary

The appellant brought an appeal against the sentence imposed by the lower court. The Court of Appeal reviewed the matter to determine if the sentencing judge erred. The court concluded that there was no error in principle in the sentencing of the appellant. Consequently, leave to appeal the sentence was granted, but the appeal was dismissed.

DATE: 20040114

DOCKET: C39816

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. WILLIAM KWAME OSEI (Appellant)

BEFORE:

McMURTRY C.J.O., ABELLA AND BLAIR JJ.A.

COUNSEL:

Heather Pringle

for the appellant

Steve Coroza

for the respondent

HEARD & ENDORSED:

January 13, 2004

On appeal from the sentence imposed by Justice S. Casey Hill dated March 7, 2002.

A P P E A L B O O K E N D O R S E M E N T

1In our view, there was no error in principle in the sentencing of the appellant.

2Leave to appeal sentence is granted, but the appeal is dismissed.

Cited By (8 cases)

SCJSuperior Court of JusticeFeb 2, 2023

Superior Court of Justice

Superior Court of Justice

The offender was sentenced to seven years in prison for his significant role in a large-scale methamphetamine production operation.

Luan Ngo was found guilty of producing methamphetamine, possession of methamphetamine for the purpose of trafficking, and possession of proceeds of crime over $5000.

The Crown sought an eight-year penitentiary sentence, while the defence sought four to five years.

The court imposed a global sentence of seven years in the penitentiary, with concurrent sentences for the other offences, finding it fit and appropriate given the large-scale operation, the accused's significant role, and the dangerous nature of the drug.

The court also considered the accused's status as a first offender and the efficient conduct of the trial as mitigating factors, alongside potential immigration consequences.

R. v. Ngo, 2023 ONSC 282

SCJSuperior Court of JusticeOct 12, 2022

Superior Court of Justice

Superior Court of Justice

Rejet de la contestation constitutionnelle de l'interdiction de possession d'héroïne en vue d'en faire le trafic.

Le requérant, reconnu coupable de possession d'héroïne en vue d'en faire le trafic, a contesté la validité constitutionnelle du paragraphe 5(2) de la Loi réglementant certaines drogues et autres substances.

Il alléguait que la disposition violait les articles 7 et 15 de la Charte canadienne des droits et libertés en criminalisant les « bons samaritains » qui tentent de fournir un approvisionnement sécuritaire aux toxicomanes.

La Cour a rejeté la requête, concluant que la loi ne crée pas de discrimination fondée sur la dépendance et que l'atteinte au droit à la liberté n'est ni d'une portée excessive ni totalement disproportionnée par rapport aux objectifs de santé et de sécurité publiques de l'État.

R. c. Lalancette, 2022 ONSC 5785

OCJCourt of JusticeMar 21, 2019

Ontario Court of Justice

Ontario Court of Justice

Youthful addict sentenced to 18 months for trafficking fentanyl mistakenly believed to be heroin, causing death.

The accused, a youthful first offender and heroin addict, pleaded guilty to trafficking in a substance held out to be heroin.

He purchased what he believed was heroin for a friend who was experiencing withdrawal.

Unbeknownst to both, the substance was fentanyl, and the friend died of a fatal overdose.

The Crown sought a 4-year penitentiary sentence, while the defence sought 13 months.

The court found exceptional circumstances, noting the accused was not a commercial drug dealer, had no knowledge the substance was fentanyl, and had made significant rehabilitative efforts.

The court imposed a sentence of 18 months' custody followed by 3 years' probation.

R. v. White, 2019 ONCJ 191

SCJSuperior Court of JusticeNov 27, 2018

Superior Court of Justice

Superior Court of Justice

A first-time offender was sentenced to 15 years' imprisonment for importing nearly 500 grams of pure fentanyl citrate.

The offender, Barna Olvedi, was convicted after trial of importing fentanyl and possession of fentanyl for the purpose of trafficking.

The court considered the gravity of the offences, particularly the importation of 499.5 grams of 100% pure fentanyl citrate with an estimated street value of over $14 million, and the devastating impact of fentanyl in the community.

Aggravating factors included the quantity, purity, and powder form of the drug, the financial motivation (greed), and wilful blindness.

Mitigating factors included no prior criminal record at the time of the offence, cooperation with police, post-conviction remorse, reluctance to accept delivery due to threats, and excellent rehabilitation potential.

The Crown sought 17 years, while the Defence proposed 8-12 years.

The court imposed a sentence of 15 years' imprisonment for importing fentanyl and a concurrent sentence of 12 years' imprisonment for possession for the purpose of trafficking, along with forfeiture of $10,759.37 and a fine in lieu of forfeiture of $34,240.63, and mandatory victim fine surcharges.

R. v. Olvedi, 2018 ONSC 6330

SCJSuperior Court of JusticeFeb 17, 2016

Superior Court of Justice

Superior Court of Justice

Offender sentenced to 11 years for importing over one kilogram of heroin for commercial gain.

The offender was convicted of importing heroin, conspiracy to import heroin, and possession of heroin for the purpose of trafficking after receiving a controlled delivery of over one kilogram of heroin from India.

The court emphasized denunciation and general deterrence, noting the offender's significant role in the commercial scheme.

The offender was sentenced to 11 years' imprisonment on all counts to be served concurrently, reduced to 10 years and 7 months after credit for pre-sentence custody.

Her Majesty the Queen v. Peter Ifejuna Ukwuaba, 2016 ONSC 3109

SCJSuperior Court of JusticeAug 16, 2013

Superior Court of Justice

Superior Court of Justice

Twelve‑year sentence imposed for heroin importation and trafficking possession.

Sentencing following a jury conviction for importing heroin into Canada and possessing heroin for the purpose of trafficking.

The offences involved approximately 398 grams of heroin imported through a parcel shipment and an additional quantity of heroin located at the offender’s residence.

The court considered aggravating factors including the quantity and purity of the drug, the offender’s role as an organizer rather than a courier, and the sophistication of the importation scheme.

Mitigating factors included the offender’s lack of criminal record, family circumstances, and employment history.

Applying the proportionality principle, the court imposed consecutive sentences totalling twelve years’ imprisonment with credit for pre-trial custody, along with DNA and weapons prohibition orders.

R. v Akintunde, 2013 CanLII 101335 (ON SC)

OCACourt of AppealJan 28, 2009

Court of Appeal for Ontario

Court of Appeal for Ontario

Sentence for first offender importing large amount of heroin increased to 14 years and 9 months.

The respondent, a first offender, pleaded guilty to importing 9.56 kilograms of high-grade heroin into Canada as a courier.

The sentencing judge imposed a sentence of seven years and nine months, treating heroin as only marginally more dangerous than cocaine and considering the respondent's wilful blindness as a mitigating factor.

The Crown appealed the sentence.

The Court of Appeal allowed the appeal, holding that heroin is significantly more dangerous than cocaine and that wilful blindness is not a mitigating factor.

The Court established a sentencing range of 12 to 17 years for first offender couriers importing large amounts of high-grade heroin for personal gain, and increased the respondent's sentence to 14 years and nine months.

Her Majesty the Queen v. Sidhu, 2009 ONCA 81

Showing 7 of 7 citing cases