Trafficking in a Schedule I or II substance, Possession of a Schedule I or II substance for the purpose of trafficking, Possession of a loaded prohibited or restricted firearm, Possession of property obtained by crime over $5,000
R. v. Mombourquette
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Cameron Mombourquette pleaded guilty to trafficking cocaine, possessing heroin for the purpose of trafficking, possessing proceeds of crime over $5,000, and possessing a loaded prohibited handgun, which was thrown from his vehicle during a police chase. The Crown sought a global sentence of six years and the defence three years. Judge Buckle found six years would be crushing and imposed three and a half years, less 9 days of credit, citing his youth, lack of a record, early guilty plea and rehabilitation since his arrest.
In the judge's words
1However, I am satisfied that proper application of the sentencing principles justifies a departure in this case. This is still a significant penitentiary sentence which can achieve denunciation and general deterrence. Given that Mr. Mombourquette is a youthful, first-time offender, it is important to give full effect to the principles of restraint and rehabilitation.
The record
Sources
- R. v. Mombourquette, 2024 NSPC 14 Court decision, CanLII, January 25, 2024
[5] The Crown and Defence agree that denunciation and general deterrence require a penitentiary sentence. However, they disagree on how long. The Crown seeks a global custodial sentence of six years along with ancillary orders (DNA, weapons prohibition, and forfeiture).
[5] The Crown and Defence agree that denunciation and general deterrence require a penitentiary sentence. However, they disagree on how long. … The Defence seeks a global custodial sentence of three years and does not dispute the ancillary orders.
[1] Mr. Mombourquette has pleaded guilty to trafficking cocaine, possession for the purpose of trafficking of heroin, possession of proceeds of crime (cash), and possession of a prohibited firearm together with readily accessible ammunition.
[4] Mr. Mombourquette is a young man with no previous criminal record.
[111] … However, I am satisfied that proper application of the sentencing principles justifies a departure in this case. This is still a significant penitentiary sentence which can achieve denunciation and general deterrence. Given that Mr. Mombourquette is a youthful, first-time offender, it is important to give full effect to the principles of restraint and rehabilitation.
[110] I have concluded that an appropriate global sentence would be three-and-a-half years in custody. … [113] Following his arrest, Mr. Mombourquette was in custody for six days before being released. He will be given statutory enhanced credit for that time, meaning he has served the equivalent of nine days which will be deducted from his sentence.
- R. v. Mombourquette, 2024 NSPC 14 Court decision, Courts of Nova Scotia