R. v. Dann

R. v. Dann

Given the significant planning, large quantity of cocaine (approx. 297 g) and the need for general deterrence, a custodial sentence in the 4–5 year range is fit; the court accepted a joint recommendation of 4.5 years for possession for the purpose of trafficking and 30 days concurrent for obstruction, then reduced the sentence by 3 months as a Charter remedy, resulting in a net sentence of 4 years and 3 months, confirmed mandatory firearms prohibition and waived the victim fine surcharge.

Citation
2002 NSSC 237
Parties
Crown: Her Majesty the Queen; Offender: Jamie Dominique Dann
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 October 2002
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Net sentence imposed: 4 years and 3 months imprisonment for possession for the purpose of trafficking; 30 days concurrent for obstruction; mandatory firearms prohibition confirmed; victim fine surcharge waived.
Legal Topics
Possession for the Purpose of Trafficking, Obstruction of Peace Officers, General Deterrence, Aggravating and Mitigating Factors, Charter Breach Remedy
Source Language
English
Criminal Law Controlled Substances Sentencing Charter Remedies Possession for the Purpose of Trafficking Obstruction of Peace Officers General Deterrence Aggravating and Mitigating Factors +1 more

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Parties

Her Majesty the Queen

Crown

Jamie Dominique Dann

Offender

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether the offender should receive a custodial sentence for possession for the purpose of trafficking given quantity and facts
  2. 2 Appropriate quantum of sentence for trafficking offence and related obstruction charge
  3. 3 Whether and how much to reduce sentence as a remedy for a Charter breach

Ratio Decidendi

Given the significant planning, large quantity of cocaine (approx. 297 g) and the need for general deterrence, a custodial sentence in the 4–5 year range is fit; the court accepted a joint recommendation of 4.5 years for possession for the purpose of trafficking and 30 days concurrent for obstruction, then reduced the sentence by 3 months as a Charter remedy, resulting in a net sentence of 4 years and 3 months, confirmed mandatory firearms prohibition and waived the victim fine surcharge.

Court Disposition

Net sentence imposed: 4 years and 3 months imprisonment for possession for the purpose of trafficking; 30 days concurrent for obstruction; mandatory firearms prohibition confirmed; victim fine surcharge waived.

Orders

  • Impose 4 years and 3 months imprisonment for possession for the purpose of trafficking (after 3 month Charter remedy reduction)
  • Impose 30 days custody concurrent for wilful obstruction of peace officers