Court of Appeal for Ontario

Citation: R. v. Thiffeault, 2007 ONCA 700

Date: 20071015

Docket: C46711

Between:

Her Majesty the Queen Applicant / Appellant

and

Robert Thiffeault Jr., Robert Thiffeault Sr., and Donald Harrison Respondents

Judges: WEILER, MOLDAVER and ROULEAU JJ.A.

Counsel:

Roderick Sonley and Steve Coroza for the appellant

Denis Lenzin for the respondent, Robert Thiffeault Jr.

Peter Large for the respondent, Robert Thiffeault Sr.

Richard Stern for the respondent, Donald Harrison

Heard: October 5, 2007

On appeal from the sentence imposed by Justice G. Patrick Smith of the Superior Court of Justice, sitting without a jury, on January 30, 2007.

APPEAL BOOK ENDORSEMENT

[1] The trial judge thoroughly examined both aggravating and mitigating factors in making his decision as to sentence. In light of the minor involvement of Robert Thiffeault Jr. and Robert Thiffeault Sr. in the offences, the lack of commercial purpose for Robert Thiffeault Jr. and amount paid to Thiffeault Sr., their limited knowledge of the transaction and refusal to engage in any further activity, and other individual mitigating factors, we would not interfere with the sentencing judge’s exercise of discretion.

[2] In relation to Harrison, we are of the opinion that the trial judge erred. Harrison’s role was much more significant in that it involved an ongoing exchange between himself and the undercover officer and an attempt on Harrison’s part to put together a significant transaction after his initial involvement in the sale. He was much more closely linked to one of the main conspirators than the Thiffeaults. He ought to have received a mid to upper length reformatory sentence. However, having regard to the fresh evidence, the fact that he has complied with the terms of his conditional sentence order and is doing well, we are of the opinion that the interests of justice do not warrant his incarceration at this time.

[3] Accordingly, while leave to appeal sentences is granted, the appeals are dismissed.