R v. Robinson

R v. Robinson

Given the quantity (1.2 kg), the deliberate interprovincial courier conduct, and the integral role couriers play in drug distribution, custody was necessary despite mitigation and Gladue/Cultural Impact materials; the appropriate sentence was 3 years imprisonment with ancillary forfeiture, DNA and a 10-year firearms prohibition.

Citation
2020 NSPC 1
Parties
Crown: Her Majesty the Queen; Accused: Jeneen Marie Robinson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 January 2020
Procedural Posture
Criminal Controlled Drugs and Substances Act S.5(2) (possession for Purpose of Trafficking) / Sentencing Decision
Outcome
Accused sentenced to 3 years imprisonment; ancillary orders granted
Legal Topics
Possession for the Purpose of Trafficking, Courier Liability, Gladue / Cultural Impact Assessment in Sentencing, Ancillary Orders
Source Language
English
Criminal Law Drug Offences Sentencing Possession for the Purpose of Trafficking Courier Liability Gladue / Cultural Impact Assessment in Sentencing Ancillary Orders

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Parties

Her Majesty the Queen

Crown

Jeneen Marie Robinson

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act S.5(2) (possession for Purpose of Trafficking) / Sentencing Decision

Legal Issues

  1. 1 What is the fit sentence for possession of 1.2 kg of cocaine for the purpose of trafficking under s.5(2) CDSA
  2. 2 How to apply Gladue and a Cultural Impact Assessment (and weight to give them) in sentencing an African Nova Scotian offender
  3. 3 Whether the accused's role as a courier and her personal mitigation justify a non-custodial or below-range sentence

Ratio Decidendi

Given the quantity (1.2 kg), the deliberate interprovincial courier conduct, and the integral role couriers play in drug distribution, custody was necessary despite mitigation and Gladue/Cultural Impact materials; the appropriate sentence was 3 years imprisonment with ancillary forfeiture, DNA and a 10-year firearms prohibition.

Court Disposition

Accused sentenced to 3 years imprisonment; ancillary orders granted

Orders

  • 3 years incarceration
  • Forfeiture Order for seized items pursuant to s.16 of the CDSA