R. v. Smith

R. v. Smith

Mitigating factors did not amount to exceptional circumstances given the offender's motive (profit/greed), degree of involvement and the serious social harms of cocaine trafficking; therefore a federal term of imprisonment at the low end of the applicable range was required to satisfy denunciation and general deterrence, resulting in a two year sentence.

Citation
2012 NSPC 82
Parties
Crown: Her Majesty the Queen; Accused: Ricardo J. Smith
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 August 2012
Procedural Posture
Criminal / Sentencing (oral Decision)
Outcome
Accused pleaded guilty; sentenced to two years imprisonment in a federal institution for possession for the purpose of trafficking cocaine; ancillary orders granted.
Legal Topics
Possession for the Purpose of Trafficking, Trafficking in Cocaine, Conditional Sentence, Denunciation and General Deterrence, Ancillary Orders
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Possession for the Purpose of Trafficking Trafficking in Cocaine Conditional Sentence Denunciation and General Deterrence Ancillary Orders

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Parties

Her Majesty the Queen

Crown

Ricardo J. Smith

Accused

Procedural Posture

Criminal / Sentencing (oral Decision)

Legal Issues

  1. 1 Appropriate sentence for possession for the purpose of trafficking cocaine
  2. 2 Whether exceptional circumstances exist to justify a conditional sentence or departure from normal two+ year range
  3. 3 Application of sentencing principles in Criminal Code and CDSA including denunciation and general deterrence

Ratio Decidendi

Mitigating factors did not amount to exceptional circumstances given the offender's motive (profit/greed), degree of involvement and the serious social harms of cocaine trafficking; therefore a federal term of imprisonment at the low end of the applicable range was required to satisfy denunciation and general deterrence, resulting in a two year sentence.

Court Disposition

Accused pleaded guilty; sentenced to two years imprisonment in a federal institution for possession for the purpose of trafficking cocaine; ancillary orders granted.

Orders

  • Two years imprisonment in a federal institution for possession for the purpose of trafficking cocaine contrary to s.5(2) CDSA
  • Weapons prohibition order under s.109 Criminal Code for 10 years