R. v. Zeneli, 2011 ONCJ 23

COURT FILE No.: Toronto Citation: R. v. Zeneli , 2011 ONCJ 23 ONTARIO COURT OF JUSTICE BETWEEN: HER MAJESTY THE QUEEN — AND — VULLNET ZENELI Before Justice Paul H. Reinhardt Heard on 7 & 13 January 2011 Reasons for Judgment released on 18 January 2011 G. Roy ....................................................................................................................... for the Crown R. Parker ................................................................................................................. for the accused REINHARDT J.: The Offences [ 1 ] Mr.

Zeneli has pleaded guilty to exporting Cannabis Sativa to the United States on 15 March and 6 November 2009, by plane delivery. [ 2 ] In a agreed statement of facts, filed as Exhibit 1 in this proceeding, Mr. Zeneli has admitted that he was part of a group that operated a drug export network between Canada and the United States and that their approach was to fly a small, single engine aircraft, between Ontario and Michigan at a low altitude, without running lights, and land in small airports where local couriers would quickly remove the marihuana at which time the plane would return to Canada. [ 3 ] Mr.

Zeneli has admitted that the first delivery, in the amount of 39.8 kilograms was made to an Airfield in Lapeer, Michigan, and the second delivery was in the amount of 47.5 kilograms to Sandusky City Airport, also in Michigan. [ 4 ] Mr. Zeneli has admitted in the agreed statement of facts that his role was that of a co-ordinator and organizer of the two deliveries. Mr. Zeneli’s Background [ 5 ] Mr. Zeneli was born in Kosovo, in the former Yugoslavia on 11 March of 1976. He is by nationality Albanian, by religion, Muslim.

He and his family were the subject of political persecution at the hands of the nationalist Serbian government that came into existence after the break-up of Yugoslavia. In 1997 he was able to escape Kosovo and come to Canada as a refugee. In 2006 he obtained Canadian Citizenship. [ 6 ] During his time in Canada he has been quite industrious. He has worked in many jobs, in Construction, in duct cleaning among other jobs, sometimes working at more than one job to make a go of it. [ 7 ] In 2005 he went back to Kosovo, and married his wife Adelina, who has been with him in court during these proceedings.

They have one child together, a daughter, born on 10 October 2009. [ 8 ] Mr. Zeneli has no criminal record. The Positions of the Parties

[ 9 ] In this proceeding, the Crown is seeking a two-year jail sentence to be served in a federal penitentiary in addition to the 41 days Mr. Zeneli spent in custody prior to his release on very strict house-arrest provisions. The defence is seeking a sentence of less than two years, and is requesting that it be served in the community. [ 10 ] I have concluded that the appropriate sentence is a two year penitentiary sentence. [ 11 ] These are my reasons. Analysis [ 12 ] Mr. Zeneli is admitting to the exporting of 200 pounds of marihuana, to be distributed in the United States.

He is admitting to his role in organizing and directing others in the carrying out of the offences. [ 13 ] A number of cases were cited by the defence where either a sentence of less than two years was found appropriate, or a conditional sentence was ordered. In my view, these cases do not support the conclusion the defence is seeking for Mr. Zeneli. I accept the Crown submission that the reasoning of Justice Selwyn Romilly, of the Supreme Court of British Columbia, in R. v.

Adams et al, 2007, BCSC 764 , is most applicable to the facts of this case. [ 14 ] In Adams , Justice Romilly conducted a sentencing hearing of a number of participants in a scheme to export marihuana to the United States. After trial, the individuals found guilty were sentence to period of imprisonment ranging from 7 to 3 and ½ years.

The total scope of the exporting scheme that Justice Romilly was dealing with was far greater than what we have in this case, and involved more methods of smuggling, including semi-trailers and by foot, as well as aircraft. [ 15 ] In his review of the sentencing of other participants, who had plead guilty prior to the trial over which he presided, Justice Romilly accepted the proposition that both general deterrence and denunciation must be part of the sentencing mix, and that a penitentiary term of 2 years was effectively the appropriate low end of the sentencing range for the offences before him.

Agrravating and Mitigating Factors [ 16 ] I find as aggravating factors the magnitude of the drugs being exported, the relative sophistication of the network that was created, on both sides of the border, and the use of the plane to transport the drugs. [ 17 ] Personally aggravating for Mr. Zeneli was his organizing role. Although by no means the “guiding mind” he was clearly in a supervisory and directing role in the operation. [ 18 ] I find as mitigating the fact that the substance was marihuana, and not cocaine or heroin. [ 19 ] Also mitigating for Mr.

Zeneli is his conduct since his arrest, which, as outlined by counsel, has been diligent and exemplary. [ 20 ] As pointed out by counsel, he has done everything within his power to improve his circumstance, including obtaining multiple employments, and now has reached the stage of being a supervisor in a home design/build/renovation business. (See Exhibit 4) [ 21 ] Also mitigating is his, in my view, sincere statement of remorse. (See Exhibit 5) [ 22 ] However, taken as a whole, the factors recited above do not convince me that his sentence should be less than two years, or that the sentencing principles in the Criminal Code and the Controlled Drugs and Substance Act permit me to consider a conditional sentence as an appropriate disposition in this case. [ 23 ] In the result, in addition to time served of 41 days, Mr.

Zeneli will be sentence to two years in jail. Released: 18 January 2011 Signed: “Justice Paul H. Reinhardt”