R. v. Donaldson

R. v. Donaldson

The court accepted the joint recommendation of counsel as within the appropriate sentencing range, imposed a two year federal sentence for possession for the purpose of trafficking in cocaine, found the offence ineligible for a conditional sentence under the Criminal Code amendments, treated the accused's remote prior record and mitigation as reducing aggravation, and ordered a DNA collection, specified firearm prohibitions (fixed term and lifetime categories), waived the victim surcharge due to undue hardship, and directed a forfeiture order to be signed.

Citation
2013 NSPC 41
Parties
Prosecution: Her Majesty the Queen; Accused: Scott Wallace Donaldson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 June 2013
Procedural Posture
Criminal Possession for the Purpose of Trafficking (cdsa) / Sentencing
Outcome
Convicted; sentenced to two years imprisonment in a federal penitentiary; DNA collection order; firearm prohibitions (12 years fixed term plus lifetime prohibitions for certain categories); no victim surcharge; forfeiture to be signed; presentence report attached to warrant of committal
Legal Topics
Possession for the Purpose of Trafficking, Sentence Length and Benchmarks, Joint Submission Deference, Conditional Sentence Ineligibility, DNA Order, Firearm Prohibition, Forfeiture, Victim Surcharge
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Criminal Code Firearms and Conditional Sentence Provisions Possession for the Purpose of Trafficking Sentence Length and Benchmarks Joint Submission Deference Conditional Sentence Ineligibility +4 more

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Parties

Her Majesty the Queen

Prosecution

Scott Wallace Donaldson

Accused

Procedural Posture

Criminal Possession for the Purpose of Trafficking (cdsa) / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession for the purpose of trafficking in cocaine
  2. 2 Whether mandatory minimums apply
  3. 3 Whether offence is eligible for a conditional sentence

Ratio Decidendi

The court accepted the joint recommendation of counsel as within the appropriate sentencing range, imposed a two year federal sentence for possession for the purpose of trafficking in cocaine, found the offence ineligible for a conditional sentence under the Criminal Code amendments, treated the accused's remote prior record and mitigation as reducing aggravation, and ordered a DNA collection, specified firearm prohibitions (fixed term and lifetime categories), waived the victim surcharge due to undue hardship, and directed a forfeiture order to be signed.

Court Disposition

Convicted; sentenced to two years imprisonment in a federal penitentiary; DNA collection order; firearm prohibitions (12 years fixed term plus lifetime prohibitions for certain categories); no victim surcharge; forfeiture to be signed; presentence report attached to warrant of committal

Orders

  • Sentence of two years federal incarceration to be served in a federal penitentiary
  • No victim surcharge imposed due to undue hardship