R. v. Marriott

R. v. Marriott

Mitigating factors existed but were insufficient to establish extraordinary or exceptional circumstances to depart from the established normal range for cocaine trafficking; appropriate sentence is at the low end of that range, resulting in a custodial sentence of two years; conditional sentence was inappropriate; ancillary orders granted.

Citation
2012 NSSC 16
Parties
Crown: Her Majesty the Queen; Offender: Terrance Cyril Marriott
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 January 2012
Procedural Posture
Criminal Possession for the Purpose of Trafficking (s.5(2) Cdsa) / Sentencing
Outcome
Offender sentenced to two years imprisonment; ancillary orders granted.
Legal Topics
Possession for the Purpose of Trafficking, Sentencing Principles, Mitigating and Aggravating Factors, Ancillary Orders
Source Language
English
Criminal Law Drug Offences Sentencing Controlled Drugs and Substances Act Possession for the Purpose of Trafficking Sentencing Principles Mitigating and Aggravating Factors Ancillary Orders

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Parties

Her Majesty the Queen

Crown

Terrance Cyril Marriott

Offender

Procedural Posture

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

Legal Issues

  1. 1 Appropriate sentence for possession for the purpose of trafficking of cocaine
  2. 2 Whether there are extraordinary or exceptional circumstances to justify a conditional sentence outside the normal range
  3. 3 Applicability of the normal sentencing range for cocaine trafficking and relevant sentencing objectives

Ratio Decidendi

Mitigating factors existed but were insufficient to establish extraordinary or exceptional circumstances to depart from the established normal range for cocaine trafficking; appropriate sentence is at the low end of that range, resulting in a custodial sentence of two years; conditional sentence was inappropriate; ancillary orders granted.

Court Disposition

Offender sentenced to two years imprisonment; ancillary orders granted.

Orders

  • Two years imprisonment in a federal institution.
  • Weapons prohibition order under s.109 of the Criminal Code for 10 years.