mercredi 20 octobre 2010

Les peines pour importation de quantité significative d'héroïne

R. c. Debo, 2010 QCCQ 8663 (CanLII)

[22] R. v. Sidhu:

A 21 year old drug courrier pleaded guilty to importing 9.6 kilograms of heroin. It had a purity of 61 to 77 %. He had no prior convictions. The Ontario Court of Appeal found that the 8 year sentence imposed by the trial judge was inadequate and modified the sentence, after an extensive review of the jurisprudence, to 14 years and 9 months.

[23] La Reine c. Jose Elmer Rayes Vigil:

The accused was 27 years old and was found guilty of conspiracy to import and attempting to import 1.6 kilograms of heroin with a purity of 100 %. The accused had no prior convictions and the sentence imposed was 11 years and 11 months.

[24] R. c. Chetrit:

The accused was 54 years old without any prior convictions. He was convicted of importing of 2.6 kilograms of heroin. Although the first instance judge sentenced him to 19 years this was reduced to 17 years because of his collaboration with the authorities, which led to the arrest of his accomplices in Europe.

[25] R. v. Yazdani:

A 25 year sentence imposed for 2 co-accused for importing heroin was confirmed by the Quebec Court of Appeal. Both appellants were sophisticated drug dealers who were not involved in an isolated incident. In the case of Mr. Yazdani, he was on parole following a sentence of 4 1/2 years imprisonment for possession for the purpose of trafficking when he was arrested. The Court set the range for this type of crime between 15 and 25 years depending on the participation of the offender and the collaboration offered after his arrest, the accused's attitude, the quantity of drugs, his prior convictions and the nature of the prior convictions.

[26] R. c. Hooter:

A 25 year old accused was found guilty of importing 3 kilograms of heroin. His involvement was more than that of a simple courrier as he was in fact involved in obtaining heroin from its producers or wholesalers. He received a 20 year sentence after serving 6 months of preventative custody.

[27] R. v. Murugesu:

The accused was 50 years old. He was found guilty of importing 4.7 kilograms of heroin. He had prior convictions but not in similar matters. He acted as a courrier and received a sentence of 20 years.

[28] R. v. El Kassem:

The accused was 20 years old and pleaded guilty to importing 7.1 kilograms of heroin with 88 % of purity. He had one conviction unrelated to drug offences and received a sentence of 20 years.

[29] R. v. Adekolu:

The accused was found guilty of importing 1.5 kilograms of heroin. She was a 31 year old mother of 5 children with no prior convictions. She acted as a courrier. She received a sentence of 13 years.

[30] R. v. Kwok:

The accused was found guilty of importing 3.5 kilograms of heroin. He was not a simple a courrier but an overseer, who had the responsibility of supervising the courriers and ensuring that the delivery of the drugs was carried out. The Ontario Court of Appeal reduced an 18 year sentence to 15 years, in order to render the sentence commensurate with that of his co-accused, a courrier who received a sentence of 13 years.

[31] R. v. Huang:

Two co-accused were found guilty of conspiracy to import 7 kilograms of heroin with a purity of between 90 and 96%. They were both 34 years old and had no criminal record. The sentence imposed was 15 years.

[32] R. v. Soufi:

The accused was found guilty of importing almost 5 kilograms of heroin. His role was that of a courrier and he was sentenced to 13 years.

Aucun commentaire:

Publier un commentaire

Le processus que doit suivre un juge lors de la détermination de la peine face à un accusé non citoyen canadien

R. c. Kabasele, 2023 ONCA 252 Lien vers la décision [ 31 ]        En raison des arts. 36 et 64 de la  Loi sur l’immigration et la protection...