Her Majesty the Queen v. Omar Riahi

(Quebec) (Criminal) (By Leave)




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Criminal law – Sentencing – Sentencing principles – Sentence to be similar to other sentences imposed in similar circumstances – Extent to which sentences imposed for given offence may vary from one region of country to another – Criminal Code, R.S.C. 1985, c. C 46, s. 718.2.

The Respondent, Mr. Riahi, was charged following Operation Colisée, an anti mafia operation that resulted in the arrest of more than 100 individuals in November 2006. He pleaded guilty to four counts: bribery of a customs officer (s. 120 Criminal Code), bribery for the benefit of a criminal organization (s. 467.12 Criminal Code), conspiracy to import and possess cocaine for the purpose of trafficking (s. 465 Criminal Code) and conspiracy for the benefit of a criminal organization (s. 467.12 Criminal Code). He was given an aggregate sentence of three years in a penitentiary even though the Crown had asked for an aggregate sentence of ten years’ imprisonment. On appeal, the Crown argued mainly that the judge had attached too much importance to the rehabilitation factor and not enough importance to the principle that a sentence should be similar to other sentences imposed in similar circumstances. The Court of Appeal dismissed the appeal.

Lower Court Rulings

January 27, 2010
Court of Quebec

2010 QCCQ 5275, 500-73-002672-67
Intimé condamné à une peine globale de trois ans d'emprisonnement suite à des plaidoyers de culpabilité pour les infractions de corruption d'une douanière (art. 120 Code Criminel), corruption au profit d'une organisation criminelle (art. 467.12 Code crim
August 3, 2010
Court of Appeal of Quebec (Montréal)

2010 QCCA 1398, 500-10-004581-102
Appel rejeté