R. v. Walker

R. v. Walker

The court accepted the joint recommendation and imposed a global sentence of four years imprisonment (concurrent on both counts) because the offence involved a substantial commercial quantity of cocaine and indicia of organized trafficking, the joint recommendation was within the acceptable range after consideration of precedent and sentencing principles, and mitigating factors (guilty plea, limited record, family ties, rehabilitation efforts) did not outweigh the seriousness of the offences. The court also imposed statutory ancillary orders: firearms prohibition, a DNA order under s.487.051(3), forfeiture of seized exhibits under s.16 CDSA, and a victim fine surcharge.

Citation
2014 NSSC 125
Parties
Crown: Her Majesty the Queen; Accused: Robert Sousa Walker
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 March 2014
Procedural Posture
Criminal Controlled Drugs and Substances Act (trafficking) / Sentencing Decision
Outcome
Sentence imposed: four years imprisonment (concurrent) with ancillary orders
Legal Topics
Possession for the Purpose of Trafficking, Cocaine, Mdma/ecstasy, Joint Recommendation, DNA Order, Forfeiture, Firearms Prohibition, Victim Fine Surcharge
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Possession for the Purpose of Trafficking Cocaine Mdma/ecstasy Joint Recommendation DNA Order +3 more

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Parties

Her Majesty the Queen

Crown

Robert Sousa Walker

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act (trafficking) / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for possession for the purpose of trafficking large quantities of cocaine and MDMA
  2. 2 Weight to be given to a joint recommendation by Crown and defence
  3. 3 Application of sentencing principles in ss. 718-719 and s. 718.2 of the Criminal Code

Ratio Decidendi

The court accepted the joint recommendation and imposed a global sentence of four years imprisonment (concurrent on both counts) because the offence involved a substantial commercial quantity of cocaine and indicia of organized trafficking, the joint recommendation was within the acceptable range after consideration of precedent and sentencing principles, and mitigating factors (guilty plea, limited record, family ties, rehabilitation efforts) did not outweigh the seriousness of the offences. The court also imposed statutory ancillary orders: firearms prohibition, a DNA order under s.487.051(3), forfeiture of seized exhibits under s.16 CDSA, and a victim fine surcharge.

Court Disposition

Sentence imposed: four years imprisonment (concurrent) with ancillary orders

Orders

  • Four years imprisonment to be served in a federal penitentiary (concurrent on both counts)
  • Firearms prohibition pursuant to Criminal Code s.109(1)(c): prohibited from possessing any firearm other than a prohibited or restricted firearm and any cross-bow, restricted weapon, ammunition and explosive substance for a period beginning today and ending 10 years after release; prohibition for life in relation to...