R. v. Cole

R. v. Cole

Given the accused's age, lack of prior record, cognitive impairment (FASD), responsibility for an infant, demonstration of remorse and apparent influence by a more culpable partner, the sentencing judge exercised discretion to suspend sentence and impose an 18-month probation order with conditions rather than impose custody; a 10-year prohibition under s.109(2) was imposed; DNA databanking was declined as an exercise of discretion; forfeiture of seized items was ordered except for the accused's Social Insurance Card and B.C. ID; the surcharge was waived.

Citation
2014 BCSC 2516
Parties
Crown: Regina; Accused: Samantha Cole; Co Accused: Travis Ronald Schroeder
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 October 2014
Procedural Posture
Criminal Possession and Trafficking / Oral Reasons for Sentence / Sentencing
Outcome
Convictions entered for two counts of simple possession (cocaine and heroin) and one count of possession of methamphetamine for the purpose of trafficking; passing of sentence suspended; 18 months probation; 10-year prohibition on possessing items under s.109(2); DNA databanking order refused; forfeiture of seized...
Legal Topics
Possession, Trafficking, Probation, DNA Databanking, Forfeiture, Surcharge
Source Language
English
Criminal Law Sentencing Procedural Law Possession Trafficking Probation DNA Databanking Forfeiture +1 more

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Parties

Regina

Crown

Samantha Cole

Accused

Travis Ronald Schroeder

Co Accused

Procedural Posture

Criminal Possession and Trafficking / Oral Reasons for Sentence / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession and possession for the purpose of trafficking given offender's background
  2. 2 Application of s.109(2) Criminal Code prohibition on possession
  3. 3 Whether to order DNA databanking

Ratio Decidendi

Given the accused's age, lack of prior record, cognitive impairment (FASD), responsibility for an infant, demonstration of remorse and apparent influence by a more culpable partner, the sentencing judge exercised discretion to suspend sentence and impose an 18-month probation order with conditions rather than impose custody; a 10-year prohibition under s.109(2) was imposed; DNA databanking was declined as an exercise of discretion; forfeiture of seized items was ordered except for the accused's Social Insurance Card and B.C. ID; the surcharge was waived.

Court Disposition

Convictions entered for two counts of simple possession (cocaine and heroin) and one count of possession of methamphetamine for the purpose of trafficking; passing of sentence suspended; 18 months probation; 10-year prohibition on possessing items under s.109(2); DNA databanking order refused; forfeiture of seized...

Orders

  • Convictions on two counts of simple possession (cocaine and heroin) and one count of possession for the purpose of trafficking (methamphetamine)
  • Passing of sentence suspended; accused placed on probation for 18 months