Cocaine Saudi Arabia
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Cocaine Saudi Arabia
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Cocaine Saudi Arabia
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Cocaine Saudi Arabia
Cocaine Saudi Arabia
The principal aims and objectives of this gang included committing robberies and producing and trafficking drugs, principally crack cocaine. The modus operandi of the organized criminal group was to rent houses in these cities from which persons lower in the criminal hierarchy would sell crack cocaine. Members of the group transported drugs and sometimes firearms between these cities on inter-city busses. Messers Hersi and Mahadale pleaded not guilty to the charges against them. Mr Hersi was found guilty of all charges against him. Mr Mahadale was convicted of the s 99 offence and the s Mr Hersi was born in Somalia and had come to Canada with his mother and siblings at the age of two. At the time of sentencing, he had become a Canadian citizen. At the time of the commission of the offences concerned in this case, he was Justice Clark noted that other than some employment as a community worker between and , it appeared that he had never held lawful employment. Mr Hersi had an extensive criminal record both as a youth and as an adult. As a youth, he had been found guilty of two count of robbery, two counts of using an imitation firearm during the commission of an indictable offence, one count of wearing a disguise with intent, one count of possession of a weapon, one count of obstructing a police officer, five counts of failure to comply with a recognizance and one count of possession of a schedule I substance. Some of these offences were committed after the offences in this case, but prior to his arrest, charge and conviction in relation to the offences in this case. Mr Mahadale was also born in Somalia. His family had spent some time living in Saudi Arabia before they migrated to Canada. He was still very young when his family migrated. He had not completed high school in Canada, but while being detained awaiting trial and sentence he had undertaken a number of courses. At the time of sentencing, he would soon be eligible to sit an exam to obtain a certificate of high school equivalence. Mr Mahadale had no employment history. Justice Clark accepted that his ability to work was affected by health issues but rejected the suggestion that his health issues were so significant as to preclude him from all work. Mr Mahadale also had an extensive criminal history. As a youth he had been convicted of three counts of robbery, one count of carrying a concealed weapon, two counts of using an imitation firearm during the commission of an offence, one count of possession of a firearm contrary to a prohibition order, one count of obstructing a peace officer, four counts of failure to comply with a recognizance and two counts of failure to comply with a disposition. As an adult he had also been convicted of one count of unauthorized possession of a firearm and one count of possession of a firearm knowing that is possession was unauthorized. Mr Hersi was charged with, and convicted of, having conspired to traffic in a controlled substance. This conviction related to an ongoing agreement to traffic crack cocaine across Canada. In sentencing Mr Hersi, Justice Clark noted that while Mr Hersi was only being sentenced in relation to one conspiracy to traffic in a controlled substance, two such conspiracies had actually been proven at trial. The second was a conspiracy to smuggle marijuana to an associate in prison. Mr Hersi was charged with, and convicted of, four counts of commission of an indictable offence for the benefit of, at the direction of, or in association with, a criminal organization. These counts related to each of the four other offences of which he was convicted. Justice Clark further noted the need for the sentence to reflect general and specific deterrence. It was noted that he had some family support, but one of his brothers was also involved in criminal activity and his mother had helped to assist him to transfer a large sum of money despite knowing it had been obtained through criminal activities. As such little weight was given to his family support. In relation to the drug offences, it was found to be an aggravating factor that he had utilized numerous persons below the age of 18 in his criminal activities and that, at the same time as he was involved in the conspiracy to traffic crack cocaine across the country, he had also conspired to smuggle marijuana to a person in prison. Justice Clark also considered the fact that the drug and firearms offences had been committed in association with, and for the benefit of, a criminal organization to be an aggravating factor. Justice Clark further made an order pursuant to s Mr Mahadale was charged with, and convicted of, two counts of commission of an indictable offence for the benefit of, at the direction of, or in association with, a criminal organization. These counts related to each of the two other offences of which he was convicted. Mr Mahadale was found guilty of the count which related to the offence in s 99 of the Criminal Code, but was acquitted of the count which related to the offence in s 92 of the Criminal Code. As with Mr Hersi, there were few mitigating factors of note in relation to Mr Mahadale. He too was relatively young, and had some family support, but his brother was also a member of the same criminal gang. These included that: i in many of the intercepted phone conversations, he was heard to be repeatedly speaking about the acquisition of firearms; ii in one intercept he gave approval to another member of the organization to commit an armed robbery; iii in another intercept he spoke about committing an armed robbery himself; iv the person to whom he offered to transfer a firearm was a young person; v he was bound by numerous orders prohibiting him from possessing firearms; and vii in respect of the offence against s 99 of the Criminal Code, the offence was committed for the benefit of and in association with a criminal organization. Justice Clark also noted one intercept phone conversation in which Mr Mahadale had been recorded bragging to fellow gang members about how easy he had found his previous time in jail. R v Hersi. Дата вынесения приговора:. Комплексные вопросы Ответственность Информация процедурного характера Правовая система:. Официальная ссылка на дело:. Описание Messers Hersi and Mahadale pleaded not guilty to the charges against them. Criminal Code, R. C Section 99 Weapons trafficking Guilty. C Section 92 Possession of firearm knowing its possession is unauthorized Guilty. C Section Mr Hersi was charged with, and convicted of, having conspired to traffic in a controlled substance. Conspiracy Guilty. Controlled Drugs and Substances Act, S. C Section Commission of offence for criminal organization Guilty. C Section 92 Possession of firearm knowing its possession is unauthorized Not Guilty. Commission of offence for criminal organization Other Mr Mahadale was found guilty of the count which related to the offence in s 99 of the Criminal Code, but was acquitted of the count which related to the offence in s 92 of the Criminal Code. Суд Ontario Superior Court of Justice.
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