Superior Court of Justice
HER MAJESTY THE QUEEN
v.
BRETT DUNSTAN
Reasons for Sentence
BEFORE THE HONOURABLE REGIONAL SENIOR JUSTICE M.K. FUERST
on July 20, 2018,
at NEWMARKET, Ontario
APPEARANCES:
J. Wakely Counsel for the Federal Crown R. Rusonik Counsel for Brett Dunstan
Friday, July 20, 2018
Reasons for Sentence
Fuerst J. : (Orally)
The sentence I impose today is for the offence of possession of cocaine for the purpose of trafficking. The joint submission put to me is the sentence imposed by Justice Glass at the conclusion of the first trial. It was arrived at by him after hearing full submissions from Crown and defence counsel. It reflects that at the time of the offence Mr. Dunstan was a first offender, but the quantity of cocaine he possessed was large at over four kilograms.
In all of the circumstances, I accept the joint submission.
Mr. Dunstan, I sentence you to eight years in the penitentiary, less 21 months’ credit for pre-sentence custody and restrictive bail conditions, leaving a sentence to be served of 75 months.
There is a DNA order, a section 109(2)(a) order for 10 years and a section 109(2)(b) order for life.
I make the forfeiture order as sought by Crown counsel and articulated in the formal order. I impose a fine in lieu of forfeiture of $99,999 Canadian. That fine is to be paid by September 20th, 2027. There is a period of eight [sic] months’ jail, consecutive, in the event of default in payment.
THE COURT: You can be seated, Mr. Dunstan. Is there anything else?
BRETT DUNSTAN: Thank you, Your Honour.
MR. WAKELY: I might have misheard that. I think I heard you say eight months’ consecutive. That should be 18.
THE COURT: No, 18.
MR. WAKELY: I misheard.
THE COURT: Sorry, 18.
Form 2
Certificate of Transcript (Subsection 5(2))
Evidence Act
I, Tracey Beatty, certify* that this document is a true and accurate transcript of the recording of R. v. Brett Dunstan in the Superior Court of Justice held at 50 Eagle Street West, Newmarket, Ontario, on July 20, 2108 taken from Recording No. 4911_403_20180720 _085338_10_FUERSTM.dcr which has been certified by A. Gaspar in Form 1.
Tracey Beatty, ACT ID#7742785329 September 4, 2018
Transcript Ordered: July 26, 2018 Transcript Completed: September 4, 2018 Ordering Party Notified: September 4, 2018
[*This certification does not apply to these Reasons for Sentence which were judicially edited)