R. v. Bremner

R. v. Bremner

Given the totality of circumstances the appropriate sentence is two years consecutive: the offence involved smuggling 50 grams of hashish into custody for the accused's personal use (not an inside distribution operation), the accused was not the prime organizer, the quantity was small, and his youth and rehabilitative efforts mitigated; but statutory aggravators, prior record, use of a juvenile and the seriousness of bringing drugs into a prison required a custodial sentence. Parity with a co‑conspirator and the totality principle further constrained the sentence below Crown's recommendation.

Citation
2005 NSSC 163
Parties
Prosecution: Her Majesty the Queen; Accused: Brian James Bremner
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 June 2005
Procedural Posture
Criminal Conspiracy to Traffick in Cannabis Resin / Sentencing
Outcome
Accused sentenced to two years imprisonment in a federal institution, to be served consecutively to time now serving; Crown to proceed with mandatory lifetime firearms prohibition filing.
Legal Topics
Conspiracy, Trafficking, Sentencing Principles, Parity, Totality, Aggravating/mitigating Factors, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Controlled Substances Corrections Conspiracy Trafficking Sentencing Principles Parity +3 more

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Parties

Her Majesty the Queen

Prosecution

Brian James Bremner

Accused

Procedural Posture

Criminal Conspiracy to Traffick in Cannabis Resin / Sentencing

Legal Issues

  1. 1 Appropriate sentence for conspiracy to traffick 50 grams of cannabis resin into a correctional facility
  2. 2 Whether a maximum sentence is warranted in these circumstances
  3. 3 Application of sentencing principles including parity and totality

Ratio Decidendi

Given the totality of circumstances the appropriate sentence is two years consecutive: the offence involved smuggling 50 grams of hashish into custody for the accused's personal use (not an inside distribution operation), the accused was not the prime organizer, the quantity was small, and his youth and rehabilitative efforts mitigated; but statutory aggravators, prior record, use of a juvenile and the seriousness of bringing drugs into a prison required a custodial sentence. Parity with a co‑conspirator and the totality principle further constrained the sentence below Crown's recommendation.

Court Disposition

Accused sentenced to two years imprisonment in a federal institution, to be served consecutively to time now serving; Crown to proceed with mandatory lifetime firearms prohibition filing.

Orders

  • Sentence: two years imprisonment in a federal institution consecutive to the time the accused is now serving.
  • Crown to submit/order mandatory lifetime firearms prohibition as required by law.