Sentence Appeal – Import Cocaine – 5 years, 4 months – Upheld

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Sentence Appeal – Import Cocaine – 5 years, 4 months – Upheld

Sentence appeal   Importing cocaine

Sentence determined by trial court was within the established sentencing range for first offenders who smuggle in excess of 1 kilogram of cocaine.

The sentencing judge identified the correct sentencing principles, referred to the mitigating and aggravating factors and determined that 5 years and 3.9 months, less pre-sentence custody credited at 1.5:1, was the appropriate sentence. In particular, she referred to the Court of Appeal for Ontario’s decision in R. v. Cunningham (1996), 27 O.R. (3d) 786, at p. 790:

[A]s a general rule, absent exceptional or extenuating circumstances, a sentence in the range of three to five years is warranted for first time offender couriers found guilty of importing a kilogram, more or less, of cocaine for personal gain.  … [T]he range of sentence for first offender couriers who smuggle large amounts of cocaine into Canada should be six to eight years in the penitentiary.

R. v. Zeisig, 2016 ONCA 845

Stuart O'Connell -
Stuart is Lead Counsel at O’Connell Law Group ( and works in association with the Firm.
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