R. v. Hassall

R. v. Hassall

The court accepted that the technical criteria for a conditional sentence were met and concluded that a conditional sentence of two years less a day best served the purposes of sentencing given the offender's completed prior CSO without breach, absence of offending since 2008, limited scale of the trafficking...

Source-derived case information.

Citation
2013 BCSC 1391
Parties
Crown: Regina; Accused: Douglas Percy Hassall
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 June 2013
Procedural Posture
Criminal Controlled Drugs and Substances Act Offence (possession for Purpose of Trafficking) / Sentencing
Outcome
Conditional sentence of two years less a day to be served in the community; forfeiture order granted; lifetime weapons prohibition imposed; DNA order imposed.
Legal Topics
Possession for Purpose of Trafficking, Conditional Sentence Order, Aggravating and Mitigating Factors, Deterrence and Denunciation, Forfeiture, Weapons Prohibition, DNA Order
Source Language
english
Criminal Law Sentencing Controlled Drugs and Substances Act Possession for Purpose of Trafficking Conditional Sentence Order Aggravating and Mitigating Factors Deterrence and Denunciation Forfeiture +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

Douglas Percy Hassall

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act Offence (possession for Purpose of Trafficking) / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence order is appropriate
  2. 2 Whether the sentence of two years less a day is fit and proportionate
  3. 3 Whether the community would be endangered by a conditional sentence

Ratio Decidendi

The court accepted that the technical criteria for a conditional sentence were met and concluded that a conditional sentence of two years less a day best served the purposes of sentencing given the offender's completed prior CSO without breach, absence of offending since 2008, limited scale of the trafficking operation, prospects of rehabilitation, medical considerations, and the ability to impose restrictive conditions to protect the community; accordingly a CSO with detailed conditions, forfeiture, lifetime weapons prohibition and DNA order was imposed.

Court Disposition

Conditional sentence of two years less a day to be served in the community; forfeiture order granted; lifetime weapons prohibition imposed; DNA order imposed.

Orders

  • Conditional sentence order for two years less a day to be served in the community
  • Condition to keep the peace and be of good behaviour