R. v. Chevrefils

R. v. Chevrefils

Given the large quantity (250 kg) and high purity of cocaine, the accused's role as a highly trusted courier within a sophisticated commercial importation scheme, and the primacy of denunciation and general deterrence for Schedule I drug trafficking, a custodial sentence of 10 years is fit and proportionate after accounting for the offender's age, acceptance of responsibility and the principle of restraint and parity with comparable multi-kilogram cases (notably Oddleifson and related authorities).

Citation
2019 NSPC 16
Parties
Prosecution: HER MAJESTY THE QUEEN; Accused: LUC CHEVREFILS
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 May 2019
Procedural Posture
Criminal Possession for the Purpose of Trafficking (controlled Drugs and Substances Act) / Sentencing
Outcome
Custodial sentence of 10 years imposed on conviction for possession for the purpose of trafficking (250 kg cocaine); ancillary orders made.
Legal Topics
Possession for the Purpose of Trafficking, Trusted Courier Liability, Sentencing Principles (denunciation, Deterrence, Proportionality, Restraint), Sentencing Ranges and Parity, Ancillary Orders (dna, Forfeiture, Firearms Prohibition)
Source Language
English
Criminal Law Drug Offences Sentencing Possession for the Purpose of Trafficking Trusted Courier Liability Sentencing Principles (denunciation, Deterrence, Proportionality, Restraint) Sentencing Ranges and Parity Ancillary Orders (dna, Forfeiture, Firearms Prohibition)

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Parties

HER MAJESTY THE QUEEN

Prosecution

LUC CHEVREFILS

Accused

Procedural Posture

Criminal Possession for the Purpose of Trafficking (controlled Drugs and Substances Act) / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for possession for the purpose of trafficking of 250 kg of cocaine
  2. 2 Assessment of offender's degree of responsibility (trusted courier vs owner/partner)
  3. 3 Application of sentencing objectives: denunciation, general and specific deterrence, proportionality, restraint and parity

Ratio Decidendi

Given the large quantity (250 kg) and high purity of cocaine, the accused's role as a highly trusted courier within a sophisticated commercial importation scheme, and the primacy of denunciation and general deterrence for Schedule I drug trafficking, a custodial sentence of 10 years is fit and proportionate after accounting for the offender's age, acceptance of responsibility and the principle of restraint and parity with comparable multi-kilogram cases (notably Oddleifson and related authorities).

Court Disposition

Custodial sentence of 10 years imposed on conviction for possession for the purpose of trafficking (250 kg cocaine); ancillary orders made.

Orders

  • 10 years custody
  • Prohibited from possessing weapons, firearms, ammunition and explosive materials for life