Sabrina Montefiore

The appellant appealed his nine-year sentence for importing 4.1 kg of cocaine.

The trial judge found that the appellant organized the importation and was in a superior position to the 19-year-old vulnerable courier.

The Court of Appeal found no error in principle and held that the sentence was not demonstrably unfit given the appellant's role and the multi-kilo quantity of cocaine.

The appeal was dismissed.

Sentencing following a jury conviction for fraud over $5000 arising from a tax refund scheme involving falsified charitable donation receipts.

The offender, a tax preparer, filed 26 fraudulent returns over three taxation years, generating approximately $129,381 in improper refunds, though his personal gain was estimated at about $31,500.

The defence sought a conditional sentence while the Crown requested a custodial term.

The court held that denunciation and deterrence were the primary objectives for mid‑range fraud of this scale and that a conditional sentence would be inconsistent with the principles of sentencing under ss. 718 to 718.2 of the Criminal Code.

A custodial sentence followed by probation was imposed.