R. v. Tuck, 2007 ONCA 495

CITATION: R. v. Tuck, 2007 ONCA 495

DATE: 20070703

DOCKET: C45652

COURT OF APPEAL FOR ONTARIO

MOLDAVER, FELDMAN and LANG JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

JEFFERY TUCK

Appellant

Catriona Verner for the appellant

David Finley for the respondent

Heard and endorsed: June 28, 2007

On appeal from sentence imposed by Justice Ramez Khawly of the Ontario Court of Justice dated February 10, 2006.

APPEAL BOOK ENDORSEMENT

[1] The Crown fairly concedes that the trial judge erred in stating that the appellant pled guilty to nine firearm trafficking offences. In fact, he only pled to four such counts, albeit that there were four other admitted attempted sales and one sale of ammunition. Taking this into account and having regard to the appellant’s age (21 and 22 at the time of the offences) and potential for rehabilitation, as evidenced by the fresh evidence which shows that he is progressing well in the institution, we are of the view that the global sentence of ten years was too long.

[2] In so concluding, we do not wish to minimize the gravity and seriousness of the appellant’s crimes. He engaged, on a fairly sophisticated level, in trafficking (to an undercover officer) in firearms and hard drugs, including cocaine and ecstasy in substantial quantities, over a period of many months while on bail. We see these crimes as extremely serious and they called for a substantial penitentiary term.

[3] In all of the circumstances, we are of the view that a global sentence of eight years was warranted. To give effect to this, we would sentence the appellant to two years concurrent on the drug and gun trafficking charges, which takes into account a credit of four years for pre-trial custody. In other words, we are of the view that the gun and drug charges merited a six-year penitentiary sentence. We would not interfere with the consecutive sentences for the breach of recognizance offences and in all other respects, the sentence below remains the same.