Criminal Law: Narcotics; Sentencing
Buffone et al. v. R., 2021 ONCA 825 (39902)
Mr. Buffone and Mr. Kompon were charged for their roles as senior members of a criminal enterprise that imported and distributed cocaine. The Crown’s case included evidence cocaine was found on gloves seized during a search of a warehouse. The jury was instructed on proof of conspiracy. The jury convicted Mr. Buffone and Mr. Kompon of drug related offences on behalf of a criminal enterprise. Mr. Buffone was sentenced to 22 years and Mr. Kompon to 20 years. The Ont. C.A. dismissed appeals from the convictions, allowed sentence appeals, and substituted sentences of life imprisonment for convictions for conspiracy to import and possess cocaine for the purpose of trafficking. “The motions for extensions of time to serve and file the applications for leave to appeal are granted. The motions to join two Court of Appeal for Ontario files in a single application for leave to appeal are granted. The applications for leave to appeal…are dismissed.”
Municipal Law: By Law Infractions
Holzbauer et al. v. British Columbia (Attorney General), 2021 BCCA 458 (40105)
The Applicant has been in a protracted dispute with the Regional District of Kitimat-Stikine stemming from three convictions for bylaw infractions, one in 2014 and two in 2017. Justice Punnett dismissed the Applicant’s Charter application. An application to quash an appeal was brought by the Attorney General of British Columbia. The B.C.C.A. granted the Attorney General of British Columbia’s application, and held it did not have the jurisdiction to hear the Applicant’s appeal. “The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is dismissed.”