R. v. Shea

R. v. Shea

Given the offence (conspiracy to traffic cocaine), the offender's prior record and mitigative background, a custodial sentence of two and a half years on the conspiracy count, with remand credit applied two-for-one producing a global sentence of approximately three years, is fit and appropriate; a prohibition order is granted and no DNA prohibition is imposed.

Citation
2005 NSSC 204
Parties
Crown: Her Majesty the Queen; Accused: Shawn Michael Shea
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 July 2005
Procedural Posture
Criminal Conspiracy (s. 465(1)(c) Criminal Code) / Sentencing
Outcome
Sentence imposed: 2.5 years custody on the conspiracy count; remand credit applied two-for-one producing an overall global sentence of approximately 3 years; prohibition order signed; Crown did not seek a DNA prohibition.
Legal Topics
Conspiracy, Sentencing Principles, Remand Credit, Prohibition Orders, Prior Record
Source Language
English
Criminal Law Sentencing Drug Offences Conspiracy Sentencing Principles Remand Credit Prohibition Orders Prior Record

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Parties

Her Majesty the Queen

Crown

Shawn Michael Shea

Accused

Procedural Posture

Criminal Conspiracy (s. 465(1)(c) Criminal Code) / Sentencing

Legal Issues

  1. 1 Appropriate sentence for conspiracy to traffic cocaine under s. 465(1)(c)
  2. 2 Application of remand credit (two-for-one)
  3. 3 Weight to be given to offender's difficult background and prospects for rehabilitation

Ratio Decidendi

Given the offence (conspiracy to traffic cocaine), the offender's prior record and mitigative background, a custodial sentence of two and a half years on the conspiracy count, with remand credit applied two-for-one producing a global sentence of approximately three years, is fit and appropriate; a prohibition order is granted and no DNA prohibition is imposed.

Court Disposition

Sentence imposed: 2.5 years custody on the conspiracy count; remand credit applied two-for-one producing an overall global sentence of approximately 3 years; prohibition order signed; Crown did not seek a DNA prohibition.

Orders

  • Impose sentence of 2.5 years to be served in a federal institution on the count of conspiracy contrary to s. 465(1)(c) of the Criminal Code
  • Apply remand credit of two months at a two-for-one rate (resulting in a roughly three-year global sentence)