Court of Appeal for Ontario
Date: 2005-07-14 Docket: C39213
Re: Her Majesty the Queen (Respondent) – and – Hilroy Powell (Appellant)
Before: Rosenberg, MacFarland and Rouleau JJ.A.
Counsel: Brian Snell, for the appellant Anya Weiler, for the respondent
Heard & Released Orally: July 14, 2005
On appeal from the sentence imposed by The Honourable Madam Justice Garton on October 5, 2001.
Appeal Book Endorsement
[1] We are all of the view that the sentence, while at the very high end of the range, was not manifestly excessive. The appellant was engaged in a vast conspiracy extending over a year during which he trafficked in at least 22 kilograms of cocaine and also discussed needing to launder money at the rate of $100,000/day. A serious aggravating factor in this case is that the appellant was on bail pending appeal for a drug trafficking offence while he committed these offences.
[2] The trial judge’s findings of fact were not inconsistent with the jury’s verdict. She was conscious that two of the Crown witnesses were highly unsavoury and she looked for confirmation of their evidence. Her findings on the scope of the conspiracy are consistent with that approach. We note that there was substantial confirmation of the police agents’ evidence in the testimony of the undercover police officer and the appellant’s own recorded statements.
[3] The trial judge considered whether to give enhanced credit beyond 2:1. She provided reasons why the normal credit should be given and we see no error in principle on her approach. There was no evidence from the appellant about the impact of those conditions on him.
[4] Accordingly, while leave to appeal sentence is granted, the appeal is dismissed.