Conspiracy to commit an indictable offence
R. v. Loubissi-Morris
Sentence and the Crown's position
Abd'l-Malik Ryhan Loubissi-Morris pleaded guilty to conspiracy to traffic fentanyl, cocaine, methamphetamine and ketamine and to a firearms offence, after police found drugs with a street value of about $357,000, cash and six firearms in a Kelowna apartment in July 2018. On a joint submission, Justice Wilson imposed 11 years on the conspiracy count and three years concurrent on the firearms count, reduced to 8.5 years under the totality principle to account for a 46-month sentence he had already served for an aggravated assault and firearm offence. He received 14 months of credit for pre-sentence custody.
In the judge's words
1[22] I am satisfied that 11 years for Mr. Loubissi-Morris is within the range of appropriate sentences; … [25] Since Mr. Loubissi-Morris has already completed serving his sentence for the aggravated assault and use of the firearm, my concern was whether the totality principle should apply when the other sentence to be considered has already been served. Even though the accused has already served his sentence for the aggravated assault and use of a firearm, I can see no reason why it would not be appropriate here to consider the totality principle in Mr. Loubissi-Morris' circumstances.
The record
- Convicted of
- Conspiracy to commit an indictable offence (CC 465(1)(c))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 8 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: T.V. Warren
Defence: C. Muldoon
Sources
- R. v. Loubissi-Morris, 2023 BCSC 455 Court decision, CanLII, March 10, 2023
[13] This is a joint submission on sentence. The parties seek the following: 11 years' jail on Count 1, three years concurrent on Count 8, but reduced to eight-and-a-half years by virtue of the totality principle.
[13] This is a joint submission on sentence. The parties seek the following: 11 years' jail on Count 1, three years concurrent on Count 8, but reduced to eight-and-a-half years by virtue of the totality principle.
[1] THE COURT: This is Mr. Loubissi-Morris' sentencing hearing.
[22] I am satisfied that 11 years for Mr. Loubissi-Morris is within the range of appropriate sentences; … [25] Since Mr. Loubissi-Morris has already completed serving his sentence for the aggravated assault and use of the firearm, my concern was whether the totality principle should apply when the other sentence to be considered has already been served. Even though the accused has already served his sentence for the aggravated assault and use of a firearm, I can see no reason why it would not be appropriate here to consider the totality principle in Mr. Loubissi-Morris' circumstances.
[30] I sentence you to 11 years' incarceration under Count 1 and three years concurrently under Count 8. I will reduce the sentence to 8.5 years based on the totality principle. … [32] I am told that Mr. Loubissi-Morris has nine-and-a-half months of actual time served for which he is entitled to credit against that sentence which works out to 14 months of enhanced credit which, by my calculations, would leave seven years and four months to serve.
- R. v. Loubissi-Morris, 2023 BCSC 455 Court decision, Courts of British Columbia