SUPERIOR COURT OF JUSTICE

Court File No. CRIM 97/14

HER MAJESTY THE QUEEN

v.

CASSAWNDRA ABAD-ROBERTSON

REASONS FOR SENTENCE

BEFORE THE HONOURABLE JUSTICE I. ANDRÉ

on July 21, 2015, at BRAMPTON, Ontario

APPEARANCES:

A. Aujla, Counsel for the Public
Prosecution Service of Canada

S. Hinkson, Counsel for C. Abad-Robertson

TUESDAY, JULY 21, 2015

R E A S O N S F O R S E N T E N C E

ANDRÉ J.: (Orally)

A jury convicted Ms. Abad-Robertson on March 30, 2015, of importing 4.1 kilograms of cocaine into Canada. The Crown is seeking a sentence of 7 to 8 years imprisonment while the defence is seeking a sentence of 6 years imprisonment. Both parties agree that based on the relevant applicable jurisprudence, the appropriate range of sentence for a drug courier who imports multi-kilograms of cocaine is 6 to 8 years absent exceptional circumstances.

The Crown seeks a sentence towards the high end of the range given the amount of cocaine and the fact that there are no exceptional mitigating factors in this case. Specifically, the Crown contends that Ms. Abad-Robertson did not provide any assistance to the authorities, does not have any debilitating medical condition, was not subjected to any type of coercive behaviour and does not fit the profile of the underprivileged or uneducated single mother who has been exploited by heartless drug overseers.

The defence however, submits that there are factors in Ms. Abad-Robertson’s past that justifies a sentence towards the lower end of the sentence range. These include the following: 1) she is a 25-year-old who does not have a criminal record; 2) she has a two-year-old son and is the main caregiver for her son; 3) she has gone back to school and has been gainfully employed since being charged in March of 2012; 4) she has excellent prospects for rehabilitation.

Undoubtedly, Ms. Abad-Robertson presents as a very sympathetic individual who was obviously induced, presumably by the offer of a large sum of money or a free trip, to travel to Jamaica and return with an unknown quantity of illegal drugs in her luggage. The fact that she had a significant credit card debt was likely a factor in her decision to travel to Jamaica for that purpose. Notwithstanding her financial vulnerability Ms. Abad-Robertson made a choice to travel to Jamaica and return with illegal substances in her possession. That substance has had a horrific impact of society by destroying countless lives and blighting the future of tens of thousands of others. Without the activity of drug couriers or other persons who import cocaine into Canada this scourge of cocaine use and addiction would not have taken such a terrible toll on our community.

That said, Ms. Abad-Robertson is a young mother. She is in the process of gaining an education and has a good employment history. It is the measure of the perniciousness of the illegal drug trade that a young person such as Ms. Abad-Robertson who has a promising future could be seduced by the temptation to import drugs.

While there are mitigating factors in this case, however, these factors do not justify a downward departure from the sentence range for importing this quantity of cocaine.

Accordingly, Ms. Abad-Robertson is sentenced to 6 years and 6 months in jail. Additionally, there will be a DNA order, an order under section 109(a) of the Criminal Code for life, and another under section 109(b) of the Code for 10 years. Mr. Aujla?

MR. AUJLA: Your Honour, there is a forfeiture request in relation to the suitcase that was used for smuggling the contents and the cell phone. I have provided a draft.

THE COURT: Mr. Hinkson?

MR. HINKSON: I have no objection to that, Your Honour.

THE COURT: All right. Good luck to you Ms. Abad-Robertson.

MR. HINKSON: Thank you.

MR. AUJLA: Thank you.

...DISCUSSION RE VICTIM FINE SURCHARGE

THE COURT: All right so what I will say is that the victim fine surcharge is waived. Okay, thank you very much.

...WHEREUPON THIS MATTER WAS CONCLUDED.

FORM 2

Certificate of Transcript

Evidence Act, Subsection 5(2)

I, Sherry McHady, certify that this document is a true and accurate transcription of the recording of R. v. Cassawndra Abad-Robertson, in the Superior Court of Justice, held at 7755 Hurontario Street, Brampton, Ontario, taken from Recording No. 3199-404-20150721-074933-30-ANDREI.DCR, which has been certified in Form 1 by D. Rosenberger.

October 13, 2015 Sherry Jane McHady

(Date) (Signature of authorized person)

This certification does not apply to the Reasons for Sentence since they were judicially edited.