R. v. Shea

R. v. Shea

The court accepted the joint recommendation because a two‑year federal term was within the acceptable sentencing range for possession for the purpose of trafficking of a Schedule I substance given the offender's criminal history, the need for denunciation and deterrence, and relevant authorities; imposed 2 years' imprisonment, 6 months concurrent for breach, and ordered forfeiture, a lifetime firearms prohibition and a DNA collection order.

Citation
2016 NSSC 20
Parties
Crown: Her Majesty the Queen; Accused: Anthony Joseph Shea
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 January 2016
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Guilty plea accepted; sentence imposed: 2 years' imprisonment (federal), 6 months concurrent for breach; forfeiture order; lifetime firearms prohibition; DNA collection order; recommendation to continue drug treatment.
Legal Topics
Possession for the Purpose of Trafficking, Breach of Probation, Forfeiture, Firearms Prohibition, DNA Collection, Sentencing Principles, Conditional Sentence Ineligibility
Source Language
English
Criminal Law Drug Law Sentencing Possession for the Purpose of Trafficking Breach of Probation Forfeiture Firearms Prohibition DNA Collection +2 more

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Parties

Her Majesty the Queen

Crown

Anthony Joseph Shea

Accused

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for possession for the purpose of trafficking under s.5(2) CDSA
  2. 2 Whether to accept a joint recommendation for a custodial sentence
  3. 3 Sentence for breach of probation

Ratio Decidendi

The court accepted the joint recommendation because a two‑year federal term was within the acceptable sentencing range for possession for the purpose of trafficking of a Schedule I substance given the offender's criminal history, the need for denunciation and deterrence, and relevant authorities; imposed 2 years' imprisonment, 6 months concurrent for breach, and ordered forfeiture, a lifetime firearms prohibition and a DNA collection order.

Court Disposition

Guilty plea accepted; sentence imposed: 2 years' imprisonment (federal), 6 months concurrent for breach; forfeiture order; lifetime firearms prohibition; DNA collection order; recommendation to continue drug treatment.

Orders

  • 2 years' imprisonment in a federal penitentiary
  • 6 months' imprisonment concurrent (breach of probation)