R. v. Nagendran

R. v. Nagendran

Given the quantity (approx. 5 kg), the mandatory minimum applied to the importing offence; having assessed aggravating and mitigating factors (youth, naivety, minimal role for Nagendran, sophistication of the importation scheme, no evidence of profit-sharing), the court concluded denunciation and general deterrence could be satisfied by sentencing Mr. Nagendran to two years' custody (730 days) less time-and-a-half credit for 431 days served (647 days credited) yielding 83 days to serve, and sentencing Ms. Poobalasingam to three years' custody for importation with two years concurrent for possession; weapons prohibition for 10 years, DNA orders, and consent forfeiture to follow were ordered.

Citation
2018 NSPC 38
Parties
Crown: Her Majesty the Queen; Accused: Geevan Nagendran; Accused: Mithusha Poobalasingam
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 August 2018
Procedural Posture
Criminal Controlled Drugs and Substances Act Offences / Sentencing Decision
Outcome
Both accused convicted and sentenced. Geevan Nagendran: sentenced to 2 years custody with 647 days credit (time and a half) resulting in 83 days to serve; Mithusha Poobalasingam: sentenced to 3 years custody on importation with 2 years concurrent on possession for the purpose of trafficking.
Legal Topics
Possession for the Purpose of Trafficking, Importation, Mandatory Minimums, Willful Blindness, Sentencing Principles, Credit for Pre Sentence Custody, Weapons Prohibition, DNA Order
Source Language
English
Criminal Law Drug Offences Sentencing Possession for the Purpose of Trafficking Importation Mandatory Minimums Willful Blindness Sentencing Principles +3 more

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Parties

Her Majesty the Queen

Crown

Geevan Nagendran

Accused

Mithusha Poobalasingam

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act Offences / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for importing and possession for the purpose of trafficking of approximately 5 kg of opium (Schedule I)
  2. 2 Application of mandatory minimum under s.6(3)(a.1) of the CDSA
  3. 3 Assessment of moral blameworthiness including willful blindness versus actual knowledge

Ratio Decidendi

Given the quantity (approx. 5 kg), the mandatory minimum applied to the importing offence; having assessed aggravating and mitigating factors (youth, naivety, minimal role for Nagendran, sophistication of the importation scheme, no evidence of profit-sharing), the court concluded denunciation and general deterrence could be satisfied by sentencing Mr. Nagendran to two years' custody (730 days) less time-and-a-half credit for 431 days served (647 days credited) yielding 83 days to serve, and sentencing Ms. Poobalasingam to three years' custody for importation with two years concurrent for possession; weapons prohibition for 10 years, DNA orders, and consent forfeiture to follow were ordered.

Court Disposition

Both accused convicted and sentenced. Geevan Nagendran: sentenced to 2 years custody with 647 days credit (time and a half) resulting in 83 days to serve; Mithusha Poobalasingam: sentenced to 3 years custody on importation with 2 years concurrent on possession for the purpose of trafficking.

Orders

  • Geevan Nagendran: custody term of 2 years (730 days) less 647 days credit (time and a half) for 83 days remaining to serve.
  • Mithusha Poobalasingam: custody term of 3 years on importation; 2 years concurrent on possession for the purpose of trafficking (effective term 3 years).