R. v. Donald

R. v. Donald

The court accepted the joint submission as fit and proper under the sentencing principles in ss.718, 718.1 and 718.2 and R. v. Anthony‑Cook, imposed 15 months' imprisonment, ordered a DNA order, imposed the mandatory lifetime prohibition under s.109, and ordered the victim fine surcharge with a two‑day default to be...

Source-derived case information.

Citation
2017 BCSC 614
Parties
Crown: Regina; Accused: Adam Stephen Donald
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 February 2017
Procedural Posture
Criminal Possession for the Purpose of Trafficking (narcotics) / Sentencing
Outcome
Accused sentenced to 15 months' imprisonment; DNA order made; mandatory lifetime prohibition under s.109 imposed; victim fine surcharge imposed with two days' default served concurrently with sentence.
Legal Topics
Possession for Purpose of Trafficking, Guilty Plea and Joint Submission, Sentencing Principles (totality, Parity, Denunciation, Deterrence), DNA Order, Victim Fine Surcharge, Mandatory Prohibitions Under S.109
Source Language
english
Criminal Law Drugs/narcotics Sentencing Law Possession for Purpose of Trafficking Guilty Plea and Joint Submission Sentencing Principles (totality, Parity, Denunciation, Deterrence) DNA Order Victim Fine Surcharge +1 more

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Parties

Regina

Crown

Adam Stephen Donald

Accused

Procedural Posture

Criminal Possession for the Purpose of Trafficking (narcotics) / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession for purpose of trafficking given quantities and street value of drugs
  2. 2 Whether to accept a joint submission on sentence
  3. 3 Weight to be given to a guilty plea entered after preliminary hearing but before trial

Ratio Decidendi

The court accepted the joint submission as fit and proper under the sentencing principles in ss.718, 718.1 and 718.2 and R. v. Anthony‑Cook, imposed 15 months' imprisonment, ordered a DNA order, imposed the mandatory lifetime prohibition under s.109, and ordered the victim fine surcharge with a two‑day default to be served concurrently.

Court Disposition

Accused sentenced to 15 months' imprisonment; DNA order made; mandatory lifetime prohibition under s.109 imposed; victim fine surcharge imposed with two days' default served concurrently with sentence.

Orders

  • Imprisonment for 15 months
  • DNA order made