R. v. Bailiie

R. v. Bailiie

Given the offender's early guilty plea, full acceptance of responsibility, history of drug dependency, dated record and small-scale non-commercial nature of the operation, custody was not necessary; the appropriate sentence was non-custodial: monetary penalties (two $50 fines plus mandatory $15 victim surcharge on each count), a 12-month probation order with rehabilitative conditions including substance assessment and counselling, three months' house arrest as part of the probation, forfeiture of seized firearms/ammunition and controlled substances/production paraphernalia, and a lifetime firearm prohibition under s.109(1)(c).

Citation
2016 NSPC 11
Parties
Prosecution: Her Majesty the Queen; Accused: Rupert Allen Baillie
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 February 2016
Procedural Posture
Criminal Controlled Drugs and Substances Act Offences / Sentencing
Outcome
Accused pleaded guilty; sentence imposed: fines and victim surcharges, 12 months probation with conditions including three months home confinement, forfeiture of seized items, lifetime firearm prohibition.
Legal Topics
Production of Cannabis, Possession of Cannabis Resin, Probation, Forfeiture, Firearm Prohibition, House Arrest, Fines, Victim Surcharge
Source Language
English
Criminal Law Controlled Drugs and Substances Act Sentencing Production of Cannabis Possession of Cannabis Resin Probation Forfeiture Firearm Prohibition +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 11 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Rupert Allen Baillie

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act Offences / Sentencing

Legal Issues

  1. 1 Appropriate sentence for production and possession of cannabis
  2. 2 Application of sentencing principles under Criminal Code ss.718, 718.1 and 718.2
  3. 3 Whether custody is necessary versus a non-custodial rehabilitative sentence

Ratio Decidendi

Given the offender's early guilty plea, full acceptance of responsibility, history of drug dependency, dated record and small-scale non-commercial nature of the operation, custody was not necessary; the appropriate sentence was non-custodial: monetary penalties (two $50 fines plus mandatory $15 victim surcharge on each count), a 12-month probation order with rehabilitative conditions including substance assessment and counselling, three months' house arrest as part of the probation, forfeiture of seized firearms/ammunition and controlled substances/production paraphernalia, and a lifetime firearm prohibition under s.109(1)(c).

Court Disposition

Accused pleaded guilty; sentence imposed: fines and victim surcharges, 12 months probation with conditions including three months home confinement, forfeiture of seized items, lifetime firearm prohibition.

Orders

  • Lifetime prohibition on possessing firearms, restricted weapons, prohibited devices, and ammunition pursuant to Criminal Code s.109(1)(c) due to prior s.109 order.