r v. Travis, 2013 QCCQ 15651

R. c. McLaren 2013 QCCQ 15651 COURT OF QUEBEC Criminal and Penal Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL CITY OF MONTRÉAL N o : 500-01-027682-092; 500-01-041446-102; 500-01-041434-108; 500-01-048441-106; 500-01-048426-107; 500-01-084458-139; 500-01-084459-137 DATE: 2 April 2013 _____________________________________________________________________________ BEFORE THE HONOURABLE PATRICK HEALY, J.C.Q. _____________________________________________________________________________ THE QUEEN Prosecutor v.

Travis McLAREN Accused _____________________________________________________________________________ JUDGMENT _____________________________________________________________________________ [1] Mr. McLaren pleaded guilty to twenty-two counts in seven files relating to offences committed between 2 August 2009 and 25 January 2013. [1] In general terms these offences fall into two categories: various forms of defiance of lawful authority and either simple possession of drugs or possession for the purpose of trafficking. The parties agree that a term of imprisonment is appropriate.

The prosecution seeks a sentence of eighteen months in jail. The defence proposes a conditional sentence. [2] To the extent that the parties agree they agree that an appropriate sentence must give weight to the objectives of denunciation and deterrence. This is fully justified by the nature and number of the offences before the court. In addition, the quantities of drugs in the trafficking offences justify a sentence of imprisonment. It is also justified by the number of convictions for offences that involve defiance of lawful authority. The risk of recidivism is self-evident, not least because Mr.

McLaren was subject to probation and other orders at the commission of the offences now before the court. Further, the offences committed on 25 January 2013 were committed while Mr. McLaren was awaiting sentence in the other files. All of these considerations lead to the conclusion that the submission of the prosecution is reasonable.

But they do not lead to the conclusion that there is no reasonable and appropriate sentence other than a jail term. [3] There are other objectives to consider in determining a just and appropriate sentence that respects the principle of proportionality between the gravity of the offences in question and the degree of Mr. McLaren's responsibility for them. In particular, if justified by the circumstances of the case, it is necessary to consider measures that will assist in his rehabilitation and promote in him a sense of responsibility.

These objectives are forward-looking and, where appropriate, allow for an expression of hope. A fit sentence, depending on the circumstances of the case, might give expression to deterrence, denunciation, rehabilitation and increased responsibility. It must be said, however, that a sentence that allows for hope is also a sentence that accepts a measure of risk that such optimism might be misplaced. [4] The circumstances of this case do not lead me to exclude all hope for rehabilitation and increased responsibility. Mr. McLaren is still young.

The offences he committed were substantially connected to his own habits of drug consumption and other indications of an unhealthy lifestyle. He has committed many offences in the company, if not under the influence, of others engaged in similar activity. Mr. McLaren has expressed a will to depart from the activities that have brought him before the court. He has explained that he realises now that at his age he still has an opportunity to lead a responsible and productive life in the community. In this there is an element of remorse and at least the genesis of rehabilitation and personal responsibility. [5] Mr.

McLaren is in a stable relationship and has a newborn child. He is employed. He has of his mother and other members of his family. He has undertaken therapy for his drug problems. There is no indication that Mr. McLaren presents any physical danger to others. [6] There is no question that an appropriate sentence must contain punitive elements that express denunciation and deterrence.

Although there is an obvious and irreducible risk of failure, the material before the court provides a sufficient basis on which to blend with the punitive elements of the sentence others elements that are rehabilitative and restorative. The sentence to follow is the most severe of its kind because Mr. McLaren will be under the supervision of the court, without remission, for five years. Failure to respect any conditions imposed will not likely be met with lenience.

FOR THESE REASONS the sentence of the court is as follows and it is concurrent on all counts in files 500-01-027682-092 and 500-01-048441-106: Considering the preventive detention of ten (10) weeks between 25 January 2013 and today 1 .

There will be a conditional sentence of imprisonment for ninety-four (94) weeks, beginning today, subject to the following conditions: 1.1 You must keep the peace and be of good behaviour; 1.2 You must inform the court of your address and notify the court in writing before any change of address or telephone number; 1.3 You must attend court if and when required, and you must appear before me at court in person in October 2013, February 2014, September 2014 and March 2015; 1.4 You must report to a supervisor not later than noon on 5 April 2013; 1.5 You must follow any directions given to you by a supervisor; 1.6 You must notify a supervisor within forty-eight (48) hours of any change of employment or occupation; 1.7 At all designated times of house arrest or curfew for the duration of the conditional sentence, you must answer in person at the door of your residence: and you must maintain a land line for a telephone in your place of residence and it is forbidden for you to use any call-forwarding service in connection with that telephone line; 1.8 It is forbidden for you to use or possess any drug other than a drug prescribed by a physician; 1.9 For the first twelve (12) months of your conditional sentence you must remain within your place of residence at all times, subject to the following exceptions: 1.9.1 for any legitimate paid employment or educational programme; 1.9.2 for any medical emergency involving you or a member of your immediate family; 1.9.3 for your personal needs on Sunday between noon and 16h00 but only in the presence of a member of your immediate family; 1.9.4 for any other reason authorised in writing by your supervisor; 1.10 After the first twelve months of this conditional sentence, and for the remainder of the conditional sentence, you must observe a curfew between 21h00 and 7h00, subject only to the conditions enumerated in paragraphs 1.9.1 and 1.9.2 of this order; 1.11 For the duration of this conditional sentence you must keep a copy of your conditions on your person at all times when you are not within your place of residence; 2 .

Upon completion of the conditional sentence ordered today, you will be subject to a probation order for three years; 2.1 You must report to a probation officer within seventy-two (72) of the completion of your conditional sentence; 2.2 During the term of this probation order you must perform one hundred (100) hours of community service; 2.3 You must follow any recommendations made to you by your probation officer; 2.4 During the term of this probation order you must observe the conditions enumerated above in paragraphs 1.1 to 1.8; 3 . According to

section 109 of the Criminal Code , it is forbidden for you to possess any weapons for a period of ten years. 4 . In the remaining files there will be a conditional sentence of six months, subject to the same conditions enumerated in paragraph 1 of this order. ____________________________________ PATRICK HEALY, J.C.Q. M e Jean-François Roy For the prosecution

M e Louis Morena For Mr. McLaren Appendix 500-01-027682-092 (on or about 2 August 2009) 1. Possession of crack cocaine (5.3 gr.) for the purpose of trafficking 2. Possession of amphetamines (15 tablets) for the purpose of trafficking 3. Possession of amphetamine powder (1.7 gr.) for the purpose of trafficking 4. Possession of marijuana (0.3 gr.) for the purpose of trafficking 500-01-041446-102 (on or about 23 April 2010) 1. Obstruction of peace officers 500-01-041434-108 (on or about 23 April 2010) 1. Breach of recognizance 500-01-048441-106 (on or about 18 November 2010) 1.

Possession of cocaine (14.1 gr.) for the purpose of trafficking 2. Possession of crack cocaine (10 rocks) for the purpose of trafficking 3. Possession of amphetamines (184 gr.) for the purpose of trafficking 4. Possession of haschisch oil (6 vials) for the purpose of trafficking 5 . Possession of cannabis (152.1 gr.) for the purpose of trafficking (on or about 12 November 2010) 6 . Trafficking crack cocaine (0.5 gr.) 7 . Trafficking crack cocaine (0.5 gr.) (on or about 18 November 2010) 8 . Trafficking crack cocaine (1.0 gr.) 9 . Trafficking crack cocaine (8.8 gr.) 10 .

Trafficking in cannabis 4.2 gr.) 500-01-048426-107 (on or about 18 Nomber 2010) 1. Breach of recognizance 2. Breach of recognizance

500-01-084458-139 (25 January 2013) 1. Possession of marijuana (5.0 gr.) 500-01-084459-137 (25 January 2013) 1. Breach of recognizance 2. Breach of recognizance 3. Breach of recognizance