R. v. Dean

R. v. Dean

Given the offender's lack of criminal record, forthright guilty plea, favourable personal circumstances, moderate scale (61 plants) and the line of appellate authorities permitting conditional sentences in similar first‑offender commercial production cases, a conditional sentence of 18 months with strict conditions...

Source-derived case information.

Citation
2002 BCSC 568
Parties
Crown: HER MAJESTY THE QUEEN; Accused: AARON MERLIN DEAN
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 February 2002
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Conditional sentence of 18 months imposed; to be followed by 12 months probation.
Legal Topics
Conditional Sentence, Production of Cannabis (marihuana), Possession for the Purpose of Trafficking, Denunciation and Deterrence Vs Rehabilitation, Electronic Monitoring and House Arrest
Source Language
english
Criminal Law Controlled Substances Sentencing Conditional Sentence Production of Cannabis (marihuana) Possession for the Purpose of Trafficking Denunciation and Deterrence Vs Rehabilitation Electronic Monitoring and House Arrest

Source-derived case record

Summary, issues, holding and outcome

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Parties

HER MAJESTY THE QUEEN

Crown

AARON MERLIN DEAN

Accused

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Whether a conditional sentence under s. 742.1 is appropriate
  2. 2 Appropriate length of sentence
  3. 3 Weight to give denunciation and deterrence versus offender's personal circumstances and rehabilitation

Ratio Decidendi

Given the offender's lack of criminal record, forthright guilty plea, favourable personal circumstances, moderate scale (61 plants) and the line of appellate authorities permitting conditional sentences in similar first‑offender commercial production cases, a conditional sentence of 18 months with strict conditions (including electronic monitoring, house arrest and community service or fine) followed by 12 months probation was appropriate to balance denunciation/deterrence with rehabilitation.

Court Disposition

Conditional sentence of 18 months imposed; to be followed by 12 months probation.

Orders

  • Impose an 18 month conditional sentence under s.742.1 of the Criminal Code
  • Mandatory conditional sentence conditions under s.742.3