R. v. Kirkpatrick

R. v. Kirkpatrick

A federal term of imprisonment (two years plus one day) is required to satisfy the primary sentencing objectives of denunciation and general deterrence given the offender's high degree of responsibility, the presence of 83g of cocaine, a firearm stored with the drugs, comingling of business funds with drug proceeds, and the role of providing a stash-house; mitigating factors (first offender, remorse, community support) do not outweigh the aggravating factors to justify a non-federal sentence.

Citation
2019 NSPC 56
Parties
Crown: R.; Accused: Kristin Ryan Kirkpatrick
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 October 2019
Procedural Posture
Criminal Possession for the Purpose of Trafficking (s.5(2) Cdsa) / Sentencing Decision
Outcome
Sentence imposed: two years plus a day imprisonment to be served in a federal penitentiary; ancillary orders endorsed (lifetime s.109 Criminal Code prohibition, s.487.051 DNA order, consent forfeiture order under s.16 CDSA to be prepared and endorsed).
Legal Topics
Possession for the Purpose of Trafficking, Denunciation and Deterrence, Proportionality, Aggravating and Mitigating Factors, Alternatives to Custody
Source Language
English
Criminal Law Sentencing Controlled Drugs and Substances Act Possession for the Purpose of Trafficking Denunciation and Deterrence Proportionality Aggravating and Mitigating Factors Alternatives to Custody

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Parties

R.

Crown

Kristin Ryan Kirkpatrick

Accused

Procedural Posture

Criminal Possession for the Purpose of Trafficking (s.5(2) Cdsa) / Sentencing Decision

Legal Issues

  1. 1 What is the fit sentence for possession for the purpose of trafficking contrary to s.5(2) CDSA
  2. 2 Whether a non-custodial or provincial sentence is appropriate instead of federal incarceration
  3. 3 Application of ss.718, 718.1, 718.2 Criminal Code and s.10 CDSA to the facts

Ratio Decidendi

A federal term of imprisonment (two years plus one day) is required to satisfy the primary sentencing objectives of denunciation and general deterrence given the offender's high degree of responsibility, the presence of 83g of cocaine, a firearm stored with the drugs, comingling of business funds with drug proceeds, and the role of providing a stash-house; mitigating factors (first offender, remorse, community support) do not outweigh the aggravating factors to justify a non-federal sentence.

Court Disposition

Sentence imposed: two years plus a day imprisonment to be served in a federal penitentiary; ancillary orders endorsed (lifetime s.109 Criminal Code prohibition, s.487.051 DNA order, consent forfeiture order under s.16 CDSA to be prepared and endorsed).

Orders

  • Two years plus one day imprisonment to be served in a federal facility
  • Section 109 Criminal Code Prohibition Order for life