R. v. Scott

R. v. Scott

A federal custodial sentence is not mandatory for every cocaine trafficking conviction; given the absence of aggravating features, uncertainty about resale quantity, the offender's classification as a low-end petty retailer, first-offender status, addiction and demonstrable rehabilitation prospects, a conditional sentence of two years less one day with strict conditions is proportionate and can satisfy denunciation and deterrence in this case.

Citation
2012 NSPC 6
Parties
Crown: Her Majesty the Queen; Accused: Jeremy James Scott
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
1 February 2012
Procedural Posture
Criminal Controlled Drugs and Substances Act / Sentencing (guilty Plea)
Outcome
Conditional sentence order imposed (two years less one day) with subsequent probation; firearms prohibition and forfeiture ordered; fine for the s.4(1) CDSA offence imposed.
Legal Topics
Possession for the Purpose of Trafficking, Conditional Sentence Order, Sentencing Principles, Fifield Categories, Denunciation and Deterrence, Rehabilitation
Source Language
English
Criminal Law Drug Offences Sentencing Possession for the Purpose of Trafficking Conditional Sentence Order Sentencing Principles Fifield Categories Denunciation and Deterrence +1 more

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Parties

Her Majesty the Queen

Crown

Jeremy James Scott

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act / Sentencing (guilty Plea)

Legal Issues

  1. 1 Whether a federal custodial sentence is required for cocaine trafficking in every case
  2. 2 Whether a sentence of less than two years is appropriate in this case
  3. 3 Whether a conditional sentence order can satisfy objectives of denunciation and deterrence for cocaine trafficking

Ratio Decidendi

A federal custodial sentence is not mandatory for every cocaine trafficking conviction; given the absence of aggravating features, uncertainty about resale quantity, the offender's classification as a low-end petty retailer, first-offender status, addiction and demonstrable rehabilitation prospects, a conditional sentence of two years less one day with strict conditions is proportionate and can satisfy denunciation and deterrence in this case.

Court Disposition

Conditional sentence order imposed (two years less one day) with subsequent probation; firearms prohibition and forfeiture ordered; fine for the s.4(1) CDSA offence imposed.

Orders

  • Conditional sentence order of 2 years less one day to be served in the community
  • Nine months strict house arrest with limited exceptions, followed by nine months curfew with exceptions (conditions detailed in reasons)