R. v. LeBlanc

R. v. LeBlanc

The court accepted the joint recommendation as reasonable based on applicable sentencing authorities and facts (petty retailing, 32g cocaine, significant cash, guilty plea, defendant's youth and lack of record) and imposed a two-year federal sentence; the court declined to impose a secondary-designated-offence DNA order and ordered forfeiture, firearm prohibitions and a $200 victim surcharge payable within 36 months.

Citation
2016 NSPC 57
Parties
Prosecution: Her Majesty the Queen; Accused: Coty LeBlanc
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 October 2016
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Acceptance of joint recommendation; sentence of two years' imprisonment; DNA order declined; section 16 CDSA forfeiture ordered; firearm prohibitions imposed; victim surcharge imposed.
Legal Topics
Possession for the Purpose of Trafficking, Joint Sentencing Recommendation, DNA Collection Order, Forfeiture, Firearm Prohibition, Victim Surcharge
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Possession for the Purpose of Trafficking Joint Sentencing Recommendation DNA Collection Order Forfeiture Firearm Prohibition +1 more

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Parties

Her Majesty the Queen

Prosecution

Coty LeBlanc

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for possession of cocaine for the purpose of trafficking
  2. 2 Whether to accept the joint recommendation or depart from it
  3. 3 Whether to impose a secondary-designated-offence DNA order

Ratio Decidendi

The court accepted the joint recommendation as reasonable based on applicable sentencing authorities and facts (petty retailing, 32g cocaine, significant cash, guilty plea, defendant's youth and lack of record) and imposed a two-year federal sentence; the court declined to impose a secondary-designated-offence DNA order and ordered forfeiture, firearm prohibitions and a $200 victim surcharge payable within 36 months.

Court Disposition

Acceptance of joint recommendation; sentence of two years' imprisonment; DNA order declined; section 16 CDSA forfeiture ordered; firearm prohibitions imposed; victim surcharge imposed.

Orders

  • Two years federal imprisonment commencing 2016-10-04
  • Section 16 Controlled Drugs and Substances Act forfeiture order