R. v. Hickey

R. v. Hickey

Given the quantity (1 kg), high purity (89%), indicia of sophistication (encrypted phone, packaging), and the offender's significant related prior record, the offender was properly characterized as at least a small wholesaler/mid-level retailer; principles of denunciation and deterrence and community protection require a custodial sentence exceeding two years, making a conditional sentence inappropriate; four years imprisonment is a fit and proportionate sentence; ancillary orders (mandatory lifetime weapons prohibition, DNA order, and forfeiture of seized items) were granted.

Citation
2023 NSSC 33
Parties
Crown/prosecution: His Majesty the King; Accused/offender: Philip Hickey
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 February 2023
Procedural Posture
Criminal Possession for the Purpose of Trafficking (cdsa S.5(2)) / Sentencing
Outcome
Convicted of possession of cocaine for the purpose of trafficking (CDSA s.5(2)); sentenced to 4 years imprisonment.
Legal Topics
Controlled Drugs and Substances Act, Possession for the Purpose of Trafficking, Conditional Sentence Availability, Sentencing Principles, Forfeiture, DNA Order, Weapons Prohibition
Source Language
English
Criminal Law Drug Offences Sentencing Controlled Drugs and Substances Act Possession for the Purpose of Trafficking Conditional Sentence Availability Sentencing Principles Forfeiture +2 more

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Parties

His Majesty the King

Crown/prosecution

Philip Hickey

Accused/offender

Procedural Posture

Criminal Possession for the Purpose of Trafficking (cdsa S.5(2)) / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is available and appropriate
  2. 2 Appropriate categorization of offender within trafficking hierarchy (petty retailer vs small wholesaler/mid-level)
  3. 3 Appropriate length of sentence given quantity, purity, sophistication and prior record

Ratio Decidendi

Given the quantity (1 kg), high purity (89%), indicia of sophistication (encrypted phone, packaging), and the offender's significant related prior record, the offender was properly characterized as at least a small wholesaler/mid-level retailer; principles of denunciation and deterrence and community protection require a custodial sentence exceeding two years, making a conditional sentence inappropriate; four years imprisonment is a fit and proportionate sentence; ancillary orders (mandatory lifetime weapons prohibition, DNA order, and forfeiture of seized items) were granted.

Court Disposition

Convicted of possession of cocaine for the purpose of trafficking (CDSA s.5(2)); sentenced to 4 years imprisonment.

Orders

  • Sentence: 4 years imprisonment
  • Lifetime weapons prohibition order pursuant to Criminal Code s.109