He waged a constitutional challenge saying the imposition of a fine is cruel and unusual punishment
He waged a constitutional challenge saying the imposition of a fine in lieu of forfeiture of the proceeds of crime — which he said he no longer had — is cruel and unusual punishment.We deliver the local news you need in these turbulent times on weekdays at 3 p.m.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc. You may unsubscribe any time by clicking on the unsubscribe link at the bottom of our emails or any newsletter.
In total, he sold 48.5 ounces of cocaine, which is equivalent to about 1.3 kilograms, to the agent who paid him $74,560 for it, court heard. Abdelrazzaq, of Gatineau, Que., was the only person from outside of Ontario who was charge in the probe, although his primary market, police said, was in Ottawa.
But when he was sentenced, the money was not available, so it could not be ordered forfeited. Prosecutors sought a fine of the same amount — $74,560 — instead. And asked for a term of imprisonment if it wasn’t paid. The judge, Trevor Brown of the Ontario Court of Justice, said the fine would not breach Abdelrazzaq’s rights, but agreed it could breach the rights of people in some situations — such as an abused spouse forced to commit crime under duress. Because of that, he deemed it unconstitutional and did not impose the fine.Article contentThe court released its decision last week, granting the appeal.
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