R. v. Powers Date:, 2011 BCPC 472

Citation: R. v. Powers Date: 20110407 2011 BCPC 0472 File No: 19747-1 Registry: Rossland IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. DIANE MARIE GREEN POWERS SCOTT FLEMING POWERS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE S.R. HARRISON Counsel for the Crown: S. Steele and R. Drezdoff

Appearing by videoconference: Diane Powers Counsel for the Accused Scott Powers : Mr. R. Bruneau Place of Hearing: Kamloops , B.C. Date of Judgment: April 7, 2011 A corrigendum was released by the Court on April 7, 2011. The corrections have been made to the text and the Corrigendum is appended to this document [ 1 ] THE COURT: This matter comes before me for a guilty plea by Mr. Powers to the charge of importing into Canada a controlled substance, to wit: cocaine. [ 2 ] Mr.

Powers, in the company of his wife, crossed over into Canada with 83 kilograms of cocaine hidden in several what are referred to as stow-and-go compartments in a Chrysler van. The suspicions of border personnel were aroused initially with the asking of routine questions and then, secondarily, with the notation of the smell of marihuana.

Investigation and search into the vehicle revealed a fairly sophisticated design of compartments which contained a small amount of marihuana and a large number of bricks, 83 in number, about a kilogram each in weight with a fairly high percentage of purity, on average 83.7 percent. The value of the drugs on resale in kilos was estimated to be between $2.3 million and $4 million. The suggestion was that, given the current state of affairs in the world of cocaine importation, it was probably towards the higher end of that range. [ 3 ] Mr. Powers is effectively blind.

He comes before me without any previous criminal history and admits to being paid money to import these bricks of cocaine into Canada. This is, of course, a very serious offence. It is a serious offence for a lot of reasons, not least the tremendous pain and loss and suffering occasioned by the cocaine trade. The cocaine trade in Canada drives a lot of the other crime that we see in these courts: property offences, offences of violence up to and including murder, home invasions, and so on. Mr.

Powers has played a significant role in bringing into Canada a large amount of cocaine. [ 4 ] Counsel have presented me with a joint submission as to a 14-year sentence, and they have provided a list of authorities which establish, as counsel agree, that this is within the range and perhaps at the higher end of that range for offences of this sort, and these are equivalent circumstances. [ 5 ] I am content that it is a reasonable sentence, and I am prepared to impose the sentence requested. There will, therefore, be a sentence of 14 years less four months credited time served.

That will be credited on a one-to-one basis. [ 6 ] In addition, there is a mandatory firearms order under -- [ 7 ] MS. STEELE:

Section 109. [ 8 ] THE COURT: -- s. 109 of the Criminal Code , and there will, accordingly, be an order that for a period of 10 years - this is a mandatory order - that the offender be prohibited from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, and explosive substance for a period of 10 years, and he will be prohibited from possessing any prohibited firearms, restricted firearm, prohibited weapon, prohibited device, and prohibited ammunition for life. [ 9 ] In addition, there is a request for a DNA order.

It is a discretionary DNA order. It is consented to. I am satisfied that it is in the best administration of justice as that is set out in s. 487.05(1)(iii) of the Criminal Code that an order go in the usual form. That will be in Form 5.04. Mr. Powers, there will be a sample of a bodily substance taken from you while you are in custody. [ 10 ] In addition, there is a request for a forfeiture of the van, that being the property of Mrs. Powers, who is before me today, but who has not been asked to enter any plea. She is indicating her consent to that order, and on that basis, I am prepared to grant it.

Give me just a moment, please. [ 11 ] MS. STEELE: Question. [ 12 ] THE COURT: Is there anything else? [ 13 ] MS. STEELE: I just entered a stay of proceedings, so the Crown enters a stay of proceedings on Count Number 2 as against Mr. Powers with the PPT, and on all counts with respect to Mrs. Diane Powers. [ 14 ] THE COURT: All right, thank you. Mrs. Powers, this matter is at an end as far as you are concerned, thank you. [ 15 ] Mr.

BRUNEAU: Your Honour, there is the question of the victim fine surcharge, if we can waive that. [ 16 ] THE COURT: In light of the sentence, the victim fine surcharge will be waived. (REASONS CONCLUDED)

CORRIGENDUM – released April 7, 2011 [1] On the frontispiece, the registry the file originated from should be Rossland; the appearances for Crown should be S. Steele and R. Drezdoff; and the Accused Diane Powers should be appearing via videoconference.