Court File and Parties

Court of Appeal for Ontario

Date: 20220413 Docket: C69646

van Rensburg, Nordheimer and Sossin JJ.A.

Between: Her Majesty the Queen Respondent

And: Terrance St. Pierre Appellant

Counsel: Erec Rolfe, for the appellant Maria Gaspar, for the respondent

Heard: in writing

On appeal from the sentence imposed by Justice Joe P.P. Fiorucci of the Ontario Court of Justice on June 30, 2021.

Reasons for Decision

[1] Mr. St. Pierre seeks leave to appeal the sentence imposed on him on his conviction for possession of cocaine for the purpose of trafficking. On consent of the respondent, we would grant leave to appeal and reduce the sentence.

[2] The problem with the sentence imposed arose from an unfortunate miscommunication within the offices of the Public Prosecution Service of Canada. The prosecution’s intention had been to propose a joint submission for a conditional sentence. However, that position was not properly communicated to the trial counsel. At the sentencing hearing, the prosecution actually sought a sentence of nine months. The defence sought a conditional sentence. The sentencing judge ultimately imposed a custodial sentence of six months.

[3] As soon as the error was identified, the prosecution advised the appellant’s counsel, consented to bail for the appellant, and then co-operated in the expeditious hearing of the appeal.

[4] We agree that in the particular personal circumstances of the appellant, a conditional sentence was appropriate. The appellant trafficked to support his drug addiction. He has taken steps to address his addiction. He is gainfully employed and has two young children. Further, the appellant pleaded guilty and was remorseful for his conduct.

[5] For these reasons, we grant leave to appeal sentence, set aside the sentence imposed, and substitute a conditional sentence of 150 days on the terms set out in Appendix III of the joint factum.