Sentencing - Participation in criminal organization - Trafficking - Conspiracy - Sentencing considerations - Deterrence - Denunciation - Protection of the public - Sentence imposed on co-accused - Seriousness of offence

R. v. Alcantara - [2017] A.J. No. 134, - Alberta Court of Appeal, - C.A. Fraser C.J.A., J. Watson and M.B. Bielby JJ.A., - February 14, 2017. - Digest No. 3641-004

Law360 Canada ( March 9, 2017, 7:00 PM EST) -- Appeal by the Crown from the sentences imposed on the offenders, Alcantara and Knapczyk, for drug offences. An extensive RCMP and police investigation targeted cocaine trafficking in Fort McMurray. The offenders were tried together for offences related to a drug conspiracy, drug trafficking, and commission of offences on behalf of a criminal organization. Following exhaustion of the appeal process, the Crown obtained convictions on all three counts. The trial judge concluded the offenders were Hells Angels members affiliated with a sophisticated conspiracy to traffic in multi-kilogram quantities of cocaine. The role of the offenders involved providing protection to traffickers, and dealing with individuals who interfered with the trafficking business. The head of the conspiracy pled guilty and received a 14-year sentence pursuant to a joint submission. For the offenders, the Crown sought sentences in excess of 20 years. In 2012, the offenders were sentenced to eight years’ imprisonment for the conspiracy count, plus two years’ consecutive for the criminal organization count. In 2016, following the conclusion of the appeal process and appellate confirmation of convictions for drug trafficking, the offenders received an additional eight-year concurrent sentence, less credit for time served, such that no additional time was added to the initial sentence. The Crown appealed....

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