COURT FILE NO.: Cr-17-90000495-0000

DATE: 20190429

ONTARIO SUPERIOR COURT OF JUSTICE

B E T W E E N :

HER MAJESTY THE QUEEN

– and –

SAMUEL KEBEDE

Counsel: Stephen Oakey for the Crown Stephen Lyon for the accused

HEARD: April 29, 2019

REASONS FOR SENTENCE

DUNNET J. (Orally)

1Following trial by jury on March 13, 2019, Samuel Kebede was found guilty of possession of 20.48 grams of heroin for the purpose of trafficking, possession of 9.34 grams of cocaine for the purpose of trafficking, possession of 10.45 grams of crack cocaine for the purpose of trafficking, and possession of the proceeds of crime in the amount of $1420.

2The facts giving rise to the guilty verdict are that on March 2, 2016, eight police officers executed a search warrant in unit 1422 at 40 Gordonridge Place in Toronto. On entering the unit, Police Officer Matthew Oliver saw Mr. Kebedee on the balcony and two objects being released from his hand over the balcony.

3Police Officer Amy Sawyer was standing outside of 40 Gordonridge and observed an arm on the balcony of the unit. She described the arm using an overhand throwing motion and two objects being released from the hand. The objects separated in the air and landed in the parking lot area of the building.

4Police Officers George Polychronis and Alan Harfman found the items. Officer Sawyer testified that she believed that they were the same items that were thrown from the balcony.

5Police Officer John Margetson testified that the street value of the heroin was between $4080 and $6120. The street value of the powder cocaine was between $720 and $900 and the street value of the crack cocaine was $2080.

6The Crown seeks a four year penitentiary sentence for the conviction for possession of heroin for the purpose of trafficking and concurrent sentences for the remaining convictions. The defence submits that an appropriate sentence for the heroin conviction is one of three years to three and one-half years.

7Mr. Kebede is 33 years old. He came to Canada with his parents when he was two years old. In the Pre-Sentence Report, it states that Mr. Kebede described a stable upbringing with parents who loved him and he continues to have a supportive relationship with family and friends.

8The Pre-Sentence Report also states that despite a positive home life, Mr. Kebede lived in a subsidized housing complex as an only child with a great deal of unsupervised time and admitted to being influenced by negative peer associates.

9He obtained his high school diploma and has worked as a bellman, produce clerk, municipal parking attendant, carpenter, and machine operator/landscaper.

10He has no criminal record.

11Mr. Kebede addressed the court and said that he was sorry for committing the crimes. He apologized to the court and his parents.

12The paramount principles of sentencing for drug offences are denunciation and deterrence. Heroin is a pernicious and addictive drug. Counsel for Mr. Kebede candidly acknowledged that as a result, a significant period of custody is mandated by the caselaw. Cocaine is also highly addictive and dangerous. This man was found to be in possession of significant quantities of these drugs.

13The evidence at trial was that the unit in which Mr. Kebede was located was being used for drug dealing as a commercial operation. Mr. Kebede himself has never used illicit drugs.

14In mitigation, it is clear that this man has family support and a history of employment. This is his first offence and he is remorseful.

15In all the circumstances, I am of the view that an appropriate sentence is as follows:

• for the offence of possession for the purpose of trafficking in heroin, 3½ years;

• for the offence of possession for the purpose of trafficking in cocaine, 16 months to be served concurrently;

• for the offence of possession for the purpose of trafficking in crack cocaine, 16 months to be served concurrently;

• for the offence of possession of the proceeds of crime, 6 months to be served concurrently.

16As jointly proposed Mr. Kebede will be given credit for one year of pre-sentence custody.

17Counsel for Mr. Kebede does not oppose the ancillary orders proposed by the Crown. Accordingly, there will be a weapons prohibition order pursuant to s. 109 of the Criminal Code for 10 years; an order pursuant to s. 487.051(2) of the Criminal Code requiring Mr. Kebede to provide a sample of his bodily fluid for DNA forensic analysis, and an order that he forfeit the $1420 seized as well as the Apple iPhone and 4 digital scales.

18I also recommend for consideration by the penitentiary officials that Mr. Kebede undertake counselling for anger management issues.