R. v. Serov

R. v. Serov

The mandatory minimum 18 month sentence for production of between 201 and 500 plants where third party property was used does not violate s.12 as applied to Mr. Serov; the defence failed both the particularized inquiry and reasonable hypothetical tests, therefore the Charter challenge is dismissed and sentencing proceeds under the statutory minimum.

Citation
2016 BCSC 636
Parties
Crown: Regina; Accused: Mikhail Serov
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 April 2016
Procedural Posture
Criminal (production of Marijuana); Charter Challenge / Sentencing (constitutional Challenge Under S.12 of the Charter)
Outcome
Charter s.12 challenge dismissed; mandatory minimum sentence of 18 months upheld as applied to the accused
Legal Topics
Mandatory Minimum Sentences, Section 12 Charter Cruel and Unusual Punishment, Marijuana Production and Aggravating Factors, Reasonable Hypothetical Analysis
Source Language
English
Criminal Law Constitutional Law Sentencing Law Mandatory Minimum Sentences Section 12 Charter Cruel and Unusual Punishment Marijuana Production and Aggravating Factors Reasonable Hypothetical Analysis

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Parties

Regina

Crown

Mikhail Serov

Accused

Procedural Posture

Criminal (production of Marijuana); Charter Challenge / Sentencing (constitutional Challenge Under S.12 of the Charter)

Legal Issues

  1. 1 Whether the mandatory minimum 18 month sentence for production of more than 200 and fewer than 501 cannabis plants where third party property was used violates s.12 of the Charter
  2. 2 Whether the mandatory minimum is grossly disproportionate as applied to the offender (particularized inquiry)
  3. 3 Whether reasonable hypothetical scenarios demonstrate gross disproportionality

Ratio Decidendi

The mandatory minimum 18 month sentence for production of between 201 and 500 plants where third party property was used does not violate s.12 as applied to Mr. Serov; the defence failed both the particularized inquiry and reasonable hypothetical tests, therefore the Charter challenge is dismissed and sentencing proceeds under the statutory minimum.

Court Disposition

Charter s.12 challenge dismissed; mandatory minimum sentence of 18 months upheld as applied to the accused

Orders

  • Charter s.12 challenge dismissed
  • Mandatory minimum sentence of 18 months upheld as applicable to the offence