R. v. L.C.

R. v. L.C.

Given repeated youth trafficking convictions and the nature of crack cocaine trafficking, denunciation and deterrence require a custodial sentence exceeding the two‑year norm for a first adult offence, but rehabilitation and youth reduce the Crown's recommended four years; a 30‑month sentence for possession for the purpose of trafficking is fit and proper. Remand credit is calculated at 1.5:1 under s.719(3.1) as interpreted in R. v. Johnson because the accused suffered loss of remission during pre‑sentence custody and was not statutorily disqualified or shown to have manipulated remand, resulting in credit of 14 months and one week applied to the sentence.

Citation
2011 NSPC 35
Parties
Crown: Her Majesty the Queen; Accused: L.C.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 June 2011
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Accused convicted on guilty plea and sentenced to custody: 30 months for possession for the purpose of trafficking (cocaine) plus 30 days concurrent for breaching recognizance; remand credit applied leaving 15 months and three weeks remaining to serve.
Legal Topics
Possession for the Purpose of Trafficking, Remand Credit Under S.719(3.1), Denunciation and Deterrence, Youth Record as Aggravating Factor, Non‑publication of Youth Records
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Youth Criminal Justice Possession for the Purpose of Trafficking Remand Credit Under S.719(3.1) Denunciation and Deterrence Youth Record as Aggravating Factor +1 more

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Parties

Her Majesty the Queen

Crown

L.C.

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate custodial sentence for possession for the purpose of trafficking in cocaine given prior youth trafficking convictions
  2. 2 Whether remand credit should be calculated at 1.5:1 under Criminal Code s.719(3.1) due to loss of remission
  3. 3 Whether youth and prospects for rehabilitation mitigate sentence below typical federal terms for cocaine trafficking

Ratio Decidendi

Given repeated youth trafficking convictions and the nature of crack cocaine trafficking, denunciation and deterrence require a custodial sentence exceeding the two‑year norm for a first adult offence, but rehabilitation and youth reduce the Crown's recommended four years; a 30‑month sentence for possession for the purpose of trafficking is fit and proper. Remand credit is calculated at 1.5:1 under s.719(3.1) as interpreted in R. v. Johnson because the accused suffered loss of remission during pre‑sentence custody and was not statutorily disqualified or shown to have manipulated remand, resulting in credit of 14 months and one week applied to the sentence.

Court Disposition

Accused convicted on guilty plea and sentenced to custody: 30 months for possession for the purpose of trafficking (cocaine) plus 30 days concurrent for breaching recognizance; remand credit applied leaving 15 months and three weeks remaining to serve.

Orders

  • Sentence: 30 months custody for possession for the purpose of trafficking (cocaine)
  • Concurrent 30 days custody for breach of recognizance curfew condition