R. v. Currie

R. v. Currie

The Court accepted that a conditional sentence of two years to be served in the community, subject to strict and punitive conditions, was a fit and proportionate sentence because the offender was a non-addicted, first-time offender who played a managerial but not the organizing role, had demonstrated remorse and rehabilitation, did not pose a danger to the community, and the CSO with onerous conditions satisfied objectives of denunciation, deterrence and rehabilitation.

Citation
2016 BCSC 828
Parties
Crown: Regina; Accused: Steven Lloyd Currie
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 May 2016
Procedural Posture
Criminal Conspiracy to Traffic in Cocaine (cdsa) / Sentencing Following Guilty Plea
Outcome
Accused pleaded guilty to conspiracy to traffic in cocaine; sentenced to a two-year conditional sentence (serve in community) followed by three years' probation; additional ancillary orders imposed.
Legal Topics
Conditional Sentence Order, Conspiracy to Traffic, Probation, Firearm Prohibition, DNA Order, Sentencing Principles
Source Language
English
Criminal Law Drug Offences Sentencing Conditional Sentence Order Conspiracy to Traffic Probation Firearm Prohibition DNA Order +1 more

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Parties

Regina

Crown

Steven Lloyd Currie

Accused

Procedural Posture

Criminal Conspiracy to Traffic in Cocaine (cdsa) / Sentencing Following Guilty Plea

Legal Issues

  1. 1 Whether offender was eligible for and whether it was appropriate to impose a conditional sentence order under s.742.1 of the Criminal Code
  2. 2 Appropriate length and nature of sentence for participation and managerial role in a dial-a-dope operation
  3. 3 Application of principles of denunciation, deterrence, rehabilitation and community safety

Ratio Decidendi

The Court accepted that a conditional sentence of two years to be served in the community, subject to strict and punitive conditions, was a fit and proportionate sentence because the offender was a non-addicted, first-time offender who played a managerial but not the organizing role, had demonstrated remorse and rehabilitation, did not pose a danger to the community, and the CSO with onerous conditions satisfied objectives of denunciation, deterrence and rehabilitation.

Court Disposition

Accused pleaded guilty to conspiracy to traffic in cocaine; sentenced to a two-year conditional sentence (serve in community) followed by three years' probation; additional ancillary orders imposed.

Orders

  • Two-year sentence to be served in the community as a conditional sentence order commencing February 19, 2016 with specific house arrest and supervisory conditions
  • Three years' probation to commence upon completion of the two-year conditional sentence with curfew and rehabilitative conditions