R.v. Roberts

R.v. Roberts

The court imposed a 3-year federal custodial sentence because the aggravating factors (presence of cocaine, large quantity of marijuana, ammunition, children in the home, prior related and multiple recent convictions, and profit motive) outweighed mitigating factors; denunciation and general deterrence for Schedule I trafficking required imprisonment and the judge could not find the constellation of factors necessary to justify a suspended or short custodial sentence. The sentence was structured as 2.5 years for cocaine possession for the purpose of trafficking plus 6 months for cannabis possession for the purpose of trafficking to be served consecutively; Criminal Code offences were...

Citation
2019 NSPC 27
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Anthony Douglas Roberts
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 June 2019
Procedural Posture
Criminal / Sentencing After Trial (convicted)
Outcome
Convictions entered; global custodial sentence of 3 years imposed (2.5 years for cocaine trafficking consecutively to 6 months for cannabis trafficking); Criminal Code sentences of 30 days each concurrent to the 3 years; forfeiture, DNA order and firearms prohibition granted.
Legal Topics
Possession for the Purpose of Trafficking, Possession of Prohibited Weapon, Breach of Recognizance, Denunciation and Deterrence, Suspended Sentence and Probation, Forfeiture, DNA Order, Firearms Prohibition
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Possession for the Purpose of Trafficking Possession of Prohibited Weapon Breach of Recognizance Denunciation and Deterrence Suspended Sentence and Probation +3 more

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Parties

Her Majesty the Queen

Crown/prosecution

Anthony Douglas Roberts

Accused/defendant

Procedural Posture

Criminal / Sentencing After Trial (convicted)

Legal Issues

  1. 1 Whether a suspended sentence and long strict period of probation is justified
  2. 2 Appropriate sentence for trafficking Schedule I (cocaine) and cannabis
  3. 3 Weight of aggravating and mitigating factors under s.718.2 and CDSA s.10

Ratio Decidendi

The court imposed a 3-year federal custodial sentence because the aggravating factors (presence of cocaine, large quantity of marijuana, ammunition, children in the home, prior related and multiple recent convictions, and profit motive) outweighed mitigating factors; denunciation and general deterrence for Schedule I trafficking required imprisonment and the judge could not find the constellation of factors necessary to justify a suspended or short custodial sentence. The sentence was structured as 2.5 years for cocaine possession for the purpose of trafficking plus 6 months for cannabis possession for the purpose of trafficking to be served consecutively; Criminal Code offences were...

Court Disposition

Convictions entered; global custodial sentence of 3 years imposed (2.5 years for cocaine trafficking consecutively to 6 months for cannabis trafficking); Criminal Code sentences of 30 days each concurrent to the 3 years; forfeiture, DNA order and firearms prohibition granted.

Orders

  • Global custodial sentence of 3 years (2.5 years for possession of cocaine for the purpose of trafficking and 6 months for possession of cannabis marihuana for the purpose of trafficking, to be served consecutively)
  • Sentences of 30 days for Criminal Code offences to run concurrently to each other and concurrently to the 3-year term